11/27/2001 Planning Commission AgendaNovember, 2001, 11/27/2001, Planning, Commission, Meeting, Agenda, On October 9, 2001, the Planning Commission opened the public hearing on these applications and heard testimony from the applicant and several interested parties. The direction from the Planning Commission was to require the applicant to silhouette the ridgeline(s) of the proposed house, to consider the applications for the house and the road realignment jointly, and for Staff to respond to issues raised by the public. On October 23, 2001, Staff addressed the additional issues but the silhouette had not been erected. The applicant requested the continuance of this matter to tonight’s meeting in order to complete project modifications and construction of the silhouette. At the October 23, 2001 meeting, the Planning Commission also provided additional direction regarding the silhouette and asked for further clarification and analysis of the building height, structure size and lot coverage. Revised project plans were submitted to the City on November 13, 2001 and the silhouettes were completed on or about November 16, 200The 11/27/2001 RPV Planning Commission Meeting Agenda

Rancho Palos Verdes Planning Commission Agenda November 27, 2001

November
27, 2001

DISCLAIMER

The following
Planning Commission agenda includes text only version of the staff
reports associated with the business matters to be brought before
for the Planning Commission at its Regular Meeting of this date.
Changes to the staff reports may be necessary prior to the actual
Planning Commission meeting. The Planning Commission may elect to
delete or continue business matters at the beginning of the Planning
Commission Meeting. Additionally, staff reports attachments, including
but not limited to, pictures, plans, drawings, spreadsheet presentations,
financial statements and correspondences are not included. The attachments
are available for review with the official agenda package at the
Planning, Building, and Code Enforcement Department.

This agenda has been prepared for the orderly progression of Planning
Commission business.The Planning Commission is very interested
in hearing your comments and encourages your participation in the meeting.
These agenda instructions are intended to familiarize
you with how the meeting will be conducted, what to expect and how to
most effectively participate in the process.

Staff
Reports

Detailed
staff reports on the items contained in this agenda are available from
the Planning Department the Friday before the meeting and are posted
for public viewing immediately prior to the meeting in the hallway outside
the chambers.The Planning, Building and Code Enforcement Department is located
at City Hall at 30940 Hawthorne Boulevard, Rancho Palos Verdes.The Department's public counter hours are from
7:30 a.m. to 11:30 a.m. Monday through Friday and from 4:30 p.m. to
5:30 p.m. Monday through Thursday.The telephone number is (310) 377-6008.

Organization
of the Agenda

The
Planning Commission agenda is divided into the following sections:

Consent Calendar:

This
section consists of routine items, which, unless a request has been
received from the public, a Commission member or Staff to remove
a particular item for discussion, are enacted by one motion of the
Planning Commission.

Continued Business:

This
section consists of items that were held over from a previous Planning
Commission meetings and for which a decision has not yet been made.

Public Hearings:

This
section is devoted to noticed public hearings which have not been
previously heard by the Commission.

New Business:

This
section is for items that do not require a noticed public hearing.Pursuant to adopted Planning Commission procedure, the Commission
will, except under exceptional circumstances and with the consent
of the majority of the Commission, adjourn its meetings on or before
12:00 a.m. and not consider new business items after 11:00 p.m.,
with any unfinished business being continued to the next regular,
adjourned, or special meeting.

Audience Comments:

This
part of the agenda is reserved for making comments on matters which
are NOT on the agenda.Comments
must be limited to matters within the jurisdiction of the Planning
Commission.Due to State
law, no action can be taken on matters brought up under Audience
Comments.If action by the Commission is necessary, the
matter may be placed on a future agenda, or referred to Staff, as
determined by the Commission.

Presentation
of Agenda Items

Unless
the Chairperson in his or her discretion should direct otherwise, the
order of the presentation is generally as follows:

(a)

Presentation of staff report, including any environmental
analysis or recommendation.

(b)

Questions of staff by members of Planning Commission.

(c)

Public hearing opened.

(d)

Presentation of the applicant(s) or appellant(s).

(e)

Presentation of persons in favor of the requested action.

(f)

Presentation of persons in opposition to the requested
action.

(g)

Rebuttal comments by the applicant(s) or appellant(s),
if requested.

(h)

Closing comments by staff.

(i)

Public hearing closed.

How to Speak on an Item

In order to speak on an item, please completely fill
out a Request to Speak form and return it to the recording secretary.These half-sheet forms (which are printed on colored paper)
are available on the table in the hallway outside the chambers or
from the recording secretary, who is seated on the left-hand side
of the dais (the table with the blue skirt at the front of the meeting
room), next to the light timer.Requests
to speak on an item must be submitted to the recording secretary prior
to the completion of the remarks of the first speaker on the item.No request forms to speak on the particular item will be accepted
after that time.

After your name is called by the recording secretary,
please approach the lectern and speak clearly into the microphone.The height of the microphone may be adjusted by hand if necessary.Before beginning your comments
on the item, please state your name and address for the record.

The length of time that each person is allowed to
speak on individual items is determined by the Chairman and is usually
based on the number of speakers on the particular item.Normally, the applicants and appellants are
limited to a five (5) minute presentation and a three (3) minute rebuttal
(if requested). All other persons are generally limited to three (3)
minutes per person.

Submittal
of Written Correspondence

You
may submit written evidence to the Planning Commission through the
Director of Planning, Building and Code Enforcement and request that
the Commission receive copies of the submitted materials prior to
the meeting.However,
such written evidence must be submitted by 12:00 noon on the
Monday prior to the Planning Commission meeting. If
any written evidence is submitted after the Monday noon deadline,
the Commission will not consider it at the meeting.However, it will be distributed as part of the agenda packet
for any forthcoming meeting, provided that the item is continued.This does not prevent you from reading written comments that
are submitted late into the record as part of oral comments, in accordance
with the time limits discussed above.

Conduct at
the Meeting

The
Planning Commission has adopted a set of rules for conduct during
Planning Commission meetings. Although it is a very rare occurrence,
the Chairperson may order from the Planning Commission Chambers any
person(s) who commit the following acts with respect to a regular
or special meeting of the Planning Commission:

1.

Disorderly, contemptuous or insolent behavior toward
the Commission or any member thereof, which interrupts the due
and orderly course of said meeting.

2.

A breach of the peace, boisterous conduct or violent
disturbance, which interrupts the due and orderly course of said
meeting.

3.

Disobedience of any lawful order of the Chairperson which
shall include an order to be seated or refrain from addressing
the Commission.

4.

Any other interference with the due and orderly course
of the meeting.

Your
cooperation in making the Planning Commission meeting run smoothly
and fairly for all participants in greatly appreciated.

BEGINNING
OF PLANNING COMMISSION AGENDA

RANCHO PALOS VERDES PLANNING COMMISSION

TUESDAY,
NOVEMBER 27, 2001

FRED
HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD

REGULAR
MEETING

7:00
P.M.

SCHEDULING
NOTES

REQUESTS TO SPEAK ON
AN ITEM MUST BE SUBMITTED TO THE RECORDING SECRETARY PRIOR TO THE COMPLETION
OF THE REMARKS OF THE FIRST SPEAKER ON THE ITEM. NO REQUEST FORMS WILL
BE ACCEPTED AFTER THAT TIME.

PURSUANT TO ADOPTED PLANNING
COMMISSION PROCEDURE, NEW BUSINESS ITEMS NOT HEARD BEFORE ll:00 P.M.
WILL BE AUTOMATICALLY CONTINUED AND WILL BE HEARD ON THE NEXT COMMISSION
AGENDA.

NEXT P.C. RESOLUTION NO.
2001-4

CALL TO ORDER:

FLAG SALUTE:

ROLL CALL:

APPROVAL
OF AGENDA:

COMMUNICATIONS:

Council Policy Items (Excerpt Minutes):

Excerpts from the
City Council Minutes of August 21, September 4 and 18, and October 2,
2001.

Staff:

Commission:

CONSENT
CALENDAR: (NO ITEMS)

RECESS/COMMENTS FROM THE AUDIENCE (regarding non-agenda items)
at APPROXIMATELY 8:30 P.M.:

Requested
Action: Allow the subdivision of a 4.99-acre area of California
Water Service Company (CWSC) site into ten (10) lots for a single-family
residential planned development (RPD). The proposed project includes
seven (7) residential lots, one lot for a private street, one lot
for the existing CWSC office and one lot for the existing underground
CWSC reservoir. The CWSC office and reservoir will remain on the site.
The homes proposed by the applicant include a mix of 16-foot-tall
single-story and split-level homes, ranging from approximately 4,000
to 4,600 square feet of living area. The proposed residential lots
would range from approximately 10,500 to 14,000 square feet. The proposed
project would also require approximately 16,000 cubic yards of earth
movement.

Requested
Action: Allow construction of a new, 12-foot-tall single-family
residence and subterranean garage, guest house, studio and swimming
pool, totaling 22,715 square feet of habitable and non-habitable space,
on an 18.88-acre bluff-top site in the Portuguese Bend Club
community, and realign a portion of the private street right-of-way
of Yacht Harbor Drive across the site in conjunction with the construction
of the new residence.

Requested
Action: Allow the subdivision of a 4.99-acre area of California
Water Service Company (CWSC) site into ten (10) lots for a single-family
residential planned development (RPD). The proposed project includes
seven (7) residential lots, one lot for a private street, one lot
for the existing CWSC office and one lot for the existing underground
CWSC reservoir. The CWSC office and reservoir will remain on the site.
The homes proposed by the applicant include a mix of 16-foot-tall
single-story and split-level homes, ranging from approximately 4,000
to 4,600 square feet of living area. The proposed residential lots
would range from approximately 10,500 to 14,000 square feet. The proposed
project would also require approximately 16,000 cubic yards of earth
movement.

On
September 25, 2001, the Planning Commission opened the public hearing
on these applications and heard testimony from the applicant and several
interested parties. The Planning Commission’s discussions focused on
a number of issues, and the applications were continued to the Planning
Commission meeting of October 23, 2001. On October 9, 2001, a neighborhood
meeting was held at Hesse Park. The meeting was attended by Planning
Staff, representatives of JCC Homes and California Water Service Company
(CWSC), and sixteen interested parties from the surrounding Mesa
Palos Verdes and Seaview Villas communities. At that meeting,
JCC Homes indicated that many alternatives were being considered, and
outlined a number of possible project modifications to address neighborhood
concerns. On October 16, 2001, JCC Homes submitted revised plans for
the proposed subdivision and homes. The revised plans incorporated reduced
home sizes, elimination of 2-story homes, increased side-yard setbacks
abutting the rear yards of homes on Stonecrest Road and retention of
mature landscaping where possible. The revised plans were presented
to the Planning Commission on October 23, 2001, along with Staff’s responses
to several other issued raised at the previous meetings. The outstanding
issues at the October 23, 2001 meeting included completion of the view
analysis of the revised homes (based upon the recently-constructed silhouettes),
preparation of a landscape plan for the tract, and the completion of
revisions to the Initial Study and draft Mitigated Negative Declaration
(MND) to reflect the revised project description and the inclusion of
a general plan amendment. These remaining issues are presented for the
Planning Commission’s consideration at tonight’s meeting.

DISCUSSION

View
Analysis

In
previous Staff reports, Staff had suggested that the size and height
of the homes proposed on Lots 4, 5, 6 and 9 could result in significant
view impairment. As originally proposed, all of these lots would have
been plotted with 26-foot-tall, 2-story homes. Based upon the revised
project description, Lots 4, 5 and 6 are now plotted with 16-foot-tall,
1-story homes, while Lot 9 is plotted for a 16-foot-tall, split-level
home. Staff has reviewed the revised silhouettes depicting the maximum
ridgelines of the homes on these lots and believes that none of them
will create significant view impairment. However, the residents at 29541
Oceanport Drive have suggested lowering the height of the chimney of
the house on Lot 9. Although City’s Development Code allows chimneys
to exceed the 16-foot-height limit, the chimney proposed for the house
on Lot 9 appears to be much taller than would be necessary to meet Building
Code requirements. As such, Staff recommends including a condition of
approval that would limit the height of all of the chimneys in this
subdivision to the minimum height necessary to comply with the City’s
Building Code.

Landscape
Plan

The
applicant has prepared a landscape plan for the areas that will be maintained
by the homeowners’ association. This plan depicts the retention of much
of the existing mature foliage along the easterly boundary of the project.
Additional shrubs to form a privacy screen for the homes on Stonecrest
Road would supplement this foliage. The plan also depicts the replanting
of the slope along the southerly boundary. As has been discussed previously,
this area needs to be overexcavated and recompacted, so none of the
existing mature foliage in this area is likely to remain. Although not
depicted on the plan, the existing landscaping surrounding the reservoir
is proposed to remain. Some residents along Scotwood Drive have expressed
concern about the height of the foliage along the slope along the southerly
side of the reservoir. Staff recommends including a condition of approval
requiring this foliage to be maintained at a maximum height of eight
feet (8’) so as to screen the homes on Lots 4 though 6 while enhancing
residents views over these lots.

Revised
MND

The
comment period for the draft Mitigated Negative Declaration (MND) for
the project expired on October 4, 2001. However, with the applicant’s
changes to the design and scope of the project, the project description
and the draft MND have been revised accordingly and re-noticed. The
revised MND was not re-circulated since project revisions resulted in
no new significant environmental impacts. A copy of the revised draft
MND is attached to this report. Please note that the revised project
description includes a general plan amendment (GPA) in order to correct
an apparent inconsistency between the subject property’s current land
use and zoning designations (see discussion below).

General
Plan Amendment No. 30

The
General Plan land use designation for the project site is currently
Infrastructure-Facility. This designation is reflective of the land
use in place on the property at the time of the City’s incorporation
in 1973. Also in 1973, the property was down-zoned for single-family
residential use with a 1-acre minimum lot size because the County land
use plan for the site and the City as a whole generally called for much
higher residential densities than existed at the time. Through the adoption
of the City’s first zoning ordinance in 1975, the property was re-zoned
RS-4, which was and is consistent with the density of development in
the surrounding single-family neighborhood (Mesa Palos Verdes).
The portions of the site proposed for residential development are surplus
areas that are no longer needed for the water company’s operations.
This is due in part to the fact that the original water company facilities
were envisioned to supply a much higher density of development in the
City—particularly within the coastal areas—which never materialized
after the incorporation and down-zoning of much of the City. However,
there is still an apparent inconsistency with the General plan land
use designation of Infrastructure-Facility and the site’s RS-4 zoning
designation. Therefore, the approval of the proposed subdivision and
residential development of portions of the California Water Service
Company site shall be contingent upon the City Council’s approval of
a general plan amendment that designates the portions of the site proposed
for residential development as Residential 4-6 DU/acre.

ADDITIONAL
INFORMATION

On
November 7, 2001, public notices for the revised project were mailed
to the applicant, the property owner and one hundred seventy-two other
property owners within a 500-foot radius of the project site. On November
10, 2001, public notice of the November 27, 2001 public hearing for
Tentative Tract Map No. 53305, et al. was published in the Palos
Verdes Peninsula News. As discussed above, Staff has also prepared
a draft Mitigated Negative Declaration (MND) for the project and has
previously circulated notice of same. As of the date this report was
completed, Staff had received several more letters in opposition to
the project, which are attached to this report.

One
of the issues that continues to be raised by the surrounding residents
is the density of the proposed development. The Planning Commission
also identified the size of the proposed lots relative to the proposed
homes as an issue of concern at the September 25, 2001 meeting. However,
when the revised project proposal—which included smaller homes with
lower ridgelines and increased setbacks from many surrounding residences—was
presented to the Planning Commission on October 23, 2001, the Commission
provided no direction to the applicant or Staff with respect to the
issue of project density. Staff took this to mean that the Planning
Commission was satisfied that the project revisions addressed its concerns
about the size (and number) of lots relative to the size of the revised
homes. However, the Planning Commission has the ability to re-visit
this issue before making a final decision on this application.

This
matter is currently agendized for City Council review on December 4,
2001. Although Staff has prepared a draft P.C. Resolution to forward
this recommendation at tonight’s meeting, the Planning Commission is
not obligated to take action tonight simply because the matter is already
on the calendar for the City Council. If the Planning Commission wishes
to continue this matter again, Staff will re-agendize the City Council’s
review of this project for a future date certain.

CONCLUSION

Based
upon the foregoing discussion in this and previous Staff reports, Staff
believes that the revised project is consistent with the required findings
for approval of the tentative tract map, conditional use permit and
grading permit. The applicant has reduced the size and height of the
proposed homes to address many neighborhood concerns about view impacts
and neighborhood compatibility. The applicant has also modified the
site plan to provide greater buffers from many adjacent residences and
to retain as much of the existing mature foliage on the site as possible.
Therefore, Staff recommends that the Planning Commission forward a recommendation
of conditional approval of the proposed project to the City Council
by 1) adopting P.C. Resolution No. 2001-__, recommending adoption of
a Mitigated Negative Declaration prepared pursuant to Environmental
Assessment No. 738; and 2) adopting P.C. Resolution No. 2001-__, recommending
conditional approval of Tentative Tract Map No. 53305, General Plan
Amendment No. 30, Conditional Use Permit No. 228 and Grading Permit
No. 2242.

A
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES, RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE
DECLARATION THUS MAKING CERTAIN ENVIRONMENTAL FINDINGS IN ASSOCIATION
WITH ENVIRONMENTAL ASSESSMENT NO. 738, TENTATIVE TRACT MAP NO. 53305,
GENERAL PLAN AMENDMENT NO. 30, CONDITIONAL USE PERMIT NO. 228
AND GRADING PERMIT NO. 2242 TO ALLOW THE SUBDIVISION OF A 4.99-ACRE
SITE INTO SEVEN (7) RESIDENTIAL LOTS, ONE (1) OPEN SPACE LOT, ONE
(1) PRIVATE STREET LOT AND ONE (1) LOT TO ACCOMMODATE THE EXISTING
CALIFORNIA WATER SERVICE COMPANY OFFICES, ON PROPERTY LOCATED WITHIN
THE CITY’S DESIGNATED RS-4 ZONING DISTRICT, LOCATED AT 5837 CREST
ROAD

WHEREAS,
on September 18, 2000, applications for Tentative Tract Map No. 53305,
General Plan Amendment No. 30, Conditional Use Permit No. 228, Grading
Permit No. 2242 and Environmental Assessment No. 738 were submitted
to the Planning Department by JCC Homes, Inc. on behalf of the property
owner, California Water Service Company, to allow the division of a
4.99-acre site into seven (7) residential lots, one (1) open space lot,
one (1) private street lot and one (1) lot to accommodate the existing
California Water Service Company offices; and,

WHEREAS,
Staff completed an initial review of the applications and plans submitted
to the Planning Department and determined that additional information
was needed in order to continue processing the request. Furthermore,
the applicant was informed of some potential Staff concerns pertaining
to views and aesthetics, thus recommending that an environmental consultant
prepare the necessary environmental documents to determine the project’s
impact on the surrounding environment. Subsequently, Staff deemed the
subject applications incomplete on October 18, 2000 and February 8,
2001; and,

WHEREAS,
on March 20, 2001 the augmented project applications and revised plans
were submitted to the City and reviewed by Staff, and subsequently deemed
complete for processing pursuant to the Permit Streamlining Act on April
17, 2001; and,

WHEREAS,
pursuant to the provision of the California Environmental Quality Act,
Public Resources Code Section 21000 et. seq. ("CEQA"), the State's
CEQA Guidelines, California Code of Regulation, Title 14, Section 15000
et. seq., the City's Local CEQA Guidelines, and Government Code
Section 65962.5(F) (Hazardous Waste and Substances Statement), the City
of Rancho Palos Verdes prepared an Initial Study and determined that,
by incorporating mitigation measures into the Negative Declaration,
there is no substantial evidence that the approval of Tentative Tract
Map No. 53305 General Plan Amendment No. 30, Conditional Use Permit
No. 228 and Grading Permit No. 2242 would result in a significant adverse
effect on the environment. Accordingly, a Draft Mitigated Negative Declaration
was prepared and circulated for public review for twenty-one (21) days
between September 13, 2001 and October 4, 2001, and notice of that fact
was given in the manner required by law; and,

WHEREAS,
in accordance with the requirements of the California Environmental
Quality Act, a Mitigation Monitoring program has been prepared, and
is attached to the Environmental Assessment No. 738 and this Resolution
as Exhibit ‘A’; and,

WHEREAS,
after issuing notices pursuant to the requirements of the Rancho Palos
Verdes Development Code and the State CEQA Guidelines, the Planning
Commission held a duly noticed public hearing on September 25, 2001,
at which time all interested parties were given the opportunity to be
heard and present evidence; and,

WHEREAS,
at the September 25, 2001 meeting, the Planning Commission directed
Staff and the applicant to further investigate design alternatives to
address concerns pertaining to density, structure size, setback buffers
and view impacts with the applicant and the surrounding neighbors. A
unanimous motion to continue action on the proposed tract map and Mitigated
Negative Declaration to October 23, 2001 was passed by the Commission;
and,

WHEREAS,
on October 9, 2001 Staff met with the applicant and surrounding neighbors
to address the concerns identified at the September 25, 2001 Planning
Commission meeting. At that time, possible project revisions were discussed
by the applicant and presented to Staff and the neighbors, who collectively
addressed the concerns pertaining to density, structure size, setback
buffers and view impacts; and,

WHEREAS,
on October 16, 2001, the applicant submitted revised project plans to
the City in order to address the concerns raised by Staff and the neighbors;
and,

WHEREAS,
at the October 23, 2001 meeting, the Planning Commission was presented
with the revised project plans and heard additional testimony from the
neighbors. A unanimous motion to continue action on the proposed tract
map and Mitigated Negative Declaration to October 23, 2001 was passed
by the Commission; and,

WHEREAS,
after issuing a new notice pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on November 27, 2001, at which time all interested parties
were given the opportunity to be heard and present evidence.

NOW,
THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section
1: The subject applications would permit the subdivision of
a 4.99-acre site into ten (10) lots, consisting of seven (7) residential
lots, one (1) open space lot, one (1) private street lot and one (1)
lot for the remaining California Water Service Company office. The proposed
residential lots will maintain a minimum lot area of 10,000 square feet
and a minimum contiguous lot area of 3,300 square feet, as required
by the City’s Development Code and Subdivision Ordinance for lots located
within the designated RS-4 (Single-Family Residential) zoning district.
As proposed, six (6) of the lots will maintain access off Scotwood Drive
via a new private street, and the seventh residential lot will have
direct access off Scotwood Drive, an existing public street. The subject
property is currently improved with the existing California Water Service
Company office, reservoir, maintenance yard, carport and parking lot.
A portion of the existing carport will be demolished prior to recordation
of the final tract map. Furthermore, the proposed subdivision requires
16,000 cubic yards of associated grading, consisting of 14,000 cubic
yards of cut and 2,000 cubic yards of fill, of which 12,000 cubic yards
will be exported from the site. The Planning Commission finds that the
proposed project is permitted within the RS-4 zoning district, and would
not result in significant adverse environmental impacts. In making this
finding, the Planning Commission considered the project's mitigation
measures that address the issues of Land Use and Planning, Aesthetics,
Air Quality, Cultural Resources, Geology, Noise, Traffic/Circulation,
Utilities, and Water Quality.

Section
2: The creation of seven (7) single-family residential lots
is consistent with the type of land use and density identified in the
City’s General Plan, Residential 46 Dwelling Units per Acre; and, as
conditioned, is consistent with the City’s Development Code for projects
within the RS-4 zoning district, and will not significantly impact the
required land use.

Section
3: The proposed project will create seven (7) single-family
residential lots that when developed will not alter the location, distribution,
density, or growth rate of the human population in the area above what
is forecast in adopted City plans and policies, nor will the project
affect existing housing, or create a demand for additional housing beyond
what will developed. The project will not create a significant additional
demand for fire or police protection, or other governmental services.

Section
4: The subdivision and development of the property will not
unreasonably interfere with the free and complete exercise of the public
entity and/or public utility rights-of-way and/or easements within the
tract; and that the dedications required by local ordinance are shown
on the Tentative Tract Map and/or are set forth in the attached conditions
of approval.

Section
5: That the discharge of sewage from this land division into
the public sewer system will not violate the requirements of the California
Regional Quality Control Board.

Section
6: The project requires 16,000 cubic yards of associated grading
to prepare the site for residential development. As such, the Planning
Commission finds that the proposed project will not result in significant
adverse affects to topography; destruction, covering, or modification
of unique geologic or physical features; impacts to archeological or
paleontological resources; or expose persons to seismic ground failure,
landslides, or other known hazards; affect any plant or animal species
or result in the removal of any sensitive plant life or animal life;
or create a wasteful or inefficient use of the energy already being
consumed on the site. Although on-site grading is proposed, a geotechnical
report addressing the scope of the project grading has been conceptually
approved by the City’s Geotechnical Engineer in the planning stage,
further reports will be required to be reviewed and approved by the
City’s Building Official and the City’s geotechnical consultant prior
to issuance of grading or building permits. Furthermore, the geotechnical
report shall provide the developer with applicable conditions for which
the project shall be constructed, along with other conditions that the
City’s Building Official and City’s geotechnical consultant find necessary
to ensure the project is constructed in a manner that does not jeopardize
the public’s health, safety and welfare. As such, the mitigation measures
will ensure that the proposed project will not cause any significant
geological impacts.

Section
7: The proposed project will not change the current, the course
or the direction of water movements in either marine or fresh waters,
since the project site is not located in such a setting. Although there
may be slight changes in the absorption rates, drainage patterns, and
surface run-off on the subject site as a result of the proposed project.
A proposed drainage plan shall be submitted to the City for review and
approval pertaining to the implementation of mitigation measures that
address potential impacts to water patterns. Furthermore, in compliance
with the Federal Clean Water Act, an Urban Stormwater Mitigation Plan
shall be submitted to City for review and approval prior to the issuance
of grading and building permits, as it pertains to implementation strategies
that reduce stormwater runoff. As such, the Planning Commission finds
that such conditions will ensure that water patterns will not significantly
impact the surrounding environment.

Section
8: That the proposed land division will not generate traffic
volumes that create substantial impacts to circulation patterns, parking
capacity, or traffic congestion, as discussed in the Initial Study.

Section
9: Although the construction of the proposed project is anticipated
to generate noise levels uncommon to the surrounding environment, such
noise will be temporary in nature and that the City has imposed conditions,
in accordance with the City of Rancho Palos Verdes’ Municipal Code,
that limits construction between the hours of 7:00 AM and 7:00 PM, Mondays
through Saturdays, with no construction permitted on Sundays and legal
holidays (as identified in the City’s Municipal Code). Furthermore,
mitigation measures require that all construction equipment engines
be equipped with standard noise insulating features and are tuned to
the manufacturer’s recommendations. As such, the Planning Commission
finds that the mitigation measures imposed will ensure that noise levels
do not adversely impact surrounding properties.

Section
10: With respect to aesthetics, the City’s Development Code
requires new residential construction be developed in a manner that
is consistent with the surrounding neighborhood, as it pertains to size,
mass and bulk, architectural style and front yard setbacks, in order
to preserve the character of established neighborhoods. The seven (7)
homes proposed as a part of this project have been reviewed for compatibility
with the character of the surrounding Mesa Palos Verdes neighborhood.
All of the homes will comply with the 20-foot front-yard setback requirement,
which applies throughout the surrounding neighborhood. The homes will
also display a variety of architectural styles and materials that complement
the architecture of nearby homes. Although the proposed homes are generally
larger than the surrounding homes in Mesa Palos Verdes, their
size has been reduced by the applicant in response to neighborhood concerns.
The six (6) homes on the cul-de-sac will form their own "neighborhood"
that will be internally consistent with itself. The seventh home, which
faces on to Scotwood Drive, will be seen in direct context with adjacent
residences, so it has been re-designed to minimize its apparent bulk
and mass as viewed from the street. With respect to scenic vistas from
surrounding properties, the project has been modified to limit all seven
(7) homes to sixteen feet (16’) in height, as measured from the finished
grade elevations, so that ocean views are preserved and protected. As
such, the Planning Commission finds that the proposed conditions will
protect views of the Pacific Ocean and Santa Catalina Island from surrounding
properties.

Section
11: Grading of the site may cause some impacts to air quality
as a result of air-borne dust particles. However, to ensure that there
will be no significant impacts, mitigation measures have been added
that require the applicant take specific actions to control air-borne
dust particles.

Section
12: For reasons discussed in the Initial Study, which is incorporated
herein by reference, the project will not have any potential to achieve
short-term, to the disadvantage of long-term, environmental goals, nor
would the project have impacts which are individually limited, but cumulatively
considerable.

Section
13: The applicant has consulted the lists prepared pursuant
to Section 65962.5 of the Government Code and has submitted a signed
statement indicating whether the project and any alternatives are located
on a site which is included on any such list, and has specified any
such list. The Lead Agency has consulted the lists compiled pursuant
to Section 65962.5 of the Government Code, and has certified that the
development project and any alternatives proposed in this application
are not included in these lists of known Hazardous Waste and Substances
Sites as compiled by the California Environmental Protection Agency.

Section
14: The mitigation measures set forth in the Mitigation Monitoring
Program, Exhibit ‘A’, attached hereto, are incorporated into the scope
of the proposed project. These measures will reduce potential significant
impacts identified in the Initial Study to a less than significant level.

Section
15: For the foregoing reasons and based on its independent review
and evaluation of the information and findings contained in the Initial
Study, Staff Reports, minutes, and records of the proceedings, the Planning
Commission has determined that the project as conditioned and mitigated
will not result in a significant adverse impact on the environment and
therefore recommends that the City Council adopt the Mitigated Negative
Declaration making certain environmental findings in association with
Environmental Assessment No. 738, Tentative Tract Map No. 53305, General
Plan Amendment No. 30, Conditional Use Permit No. 228 and Grading
Permit No. 2242 to allow the subdivision of a 4.99-acre site into seven
(7) residential lots, one (1) open space lot, one (1) private street
lot and one (1) lot to accommodate the existing California Water Service
Company Offices, on property located within the City’s designated Rs-4
zoning district, located at 5837 Crest Road.

PASSED,
APPROVED, AND ADOPTED this 27th day of November 2001, by the following
vote:

A
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES, RECOMMENDING THAT THE CITY COUNCIL CONDITIONALLY APPROVE TENTATIVE
TRACT MAP N0. 53305, GENERAL PLAN AMENDMENT NO. 30, CONDITIONAL USE
PERMIT NO. 228 AND GRADING PERMIT NO. 2242 IN CONJUNCTION WITH THE
ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND ENVIRONMENTAL ASSESSMENT
NO. 738, TO ALLOW THE SUBDIVISION OF A 4.99-ACRE SITE INTO SEVEN (7)
RESIDENTIAL LOTS, ONE (1) OPEN SPACE LOT, ONE (1) PRIVATE STREET LOT
AND ONE (1) LOT TO ACCOMMODATE THE EXISTING CALIFORNIA WATER SERVICE
COMPANY OFFICES, ON PROPERTY LOCATED WITHIN THE CITY’S DESIGNATED
RS-4 ZONING DISTRICT, LOCATED AT 5837 CREST ROAD

WHEREAS,
on September 18, 2000, applications for Tentative Tract Map No. 53305,
General Plan Amendment No. 30, Conditional Use Permit No. 228, Grading
Permit No. 2242 and Environmental Assessment No. 738 were submitted
to the Planning Department by JCC Homes, Inc. on behalf of the property
owner, California Water Service Company, to allow the division of a
4.99-acre site into seven (7) residential lots, one (1) open space lot,
one (1) private street lot and one (1) lot to accommodate the existing
California Water Service Company offices; and,

WHEREAS,
Staff completed an initial review of the applications and plans submitted
to the Planning Department and determined that additional information
was needed in order to continue processing the request. Furthermore,
the applicant was informed of some potential Staff concerns pertaining
to views and aesthetics, thus recommending that an environmental consultant
prepare the necessary environmental documents to determine the project’s
impact on the surrounding environment. Subsequently, Staff deemed the
subject applications incomplete on October 18, 2000 and February 8,
2001; and,

WHEREAS,
on March 20, 2001 the augmented project applications and revised plans
were submitted to the City and reviewed by Staff, and subsequently deemed
complete for processing pursuant to the Permit Streamlining Act on April
17, 2001; and,

WHEREAS,
pursuant to the provision of the California Environmental Quality Act,
Public Resources Code Section 21000 et. seq. ("CEQA"), the State's
CEQA Guidelines, California Code of Regulation, Title 14, Section 15000
et. seq., the City's Local CEQA Guidelines, and Government Code
Section 65962.5(F) (Hazardous Waste and Substances Statement), the City
of Rancho Palos Verdes prepared an Initial Study and determined that,
by incorporating mitigation measures into the Negative Declaration,
there is no substantial evidence that the approval of Tentative Tract
Map No. 53305, General Plan Amendment No. 30, Conditional Use Permit
No. 228 and Grading Permit No. 2242 would result in a significant adverse
effect on the environment. Accordingly, a Draft Mitigated Negative Declaration
was prepared and circulated for public review for twenty-one (21) days
between September 13, 2001 and October 4, 2001, and notice of that fact
was given in the manner required by law; and,

WHEREAS,
after issuing notices pursuant to the requirements of the Rancho Palos
Verdes Development Code and the State CEQA Guidelines, the Planning
Commission held a duly noticed public hearing on September 25, 2001,
at which time all interested parties were given the opportunity to be
heard and present evidence; and,

WHEREAS,
at the September 25, 2001 meeting, the Planning Commission directed
Staff and the applicant to further investigate design alternatives to
address concerns pertaining to density, structure size, setback buffers
and view impacts with the applicant and the surrounding neighbors. A
unanimous motion to continue action on the proposed tract map and Mitigated
Negative Declaration to October 23, 2001 was passed by the Commission;
and,

WHEREAS,
on October 9, 2001 Staff met with the applicant and surrounding neighbors
to address the concerns identified at the September 25, 2001 Planning
Commission meeting. At that time, possible project revisions were discussed
by the applicant and presented to Staff and the neighbors, who collectively
addressed the concerns pertaining to density, structure size, setback
buffers and view impacts; and,

WHEREAS,
on October 16, 2001, the applicant submitted revised project plans to
the City in order to address the concerns raised by Staff and the neighbors;
and,

WHEREAS,
at the October 23, 2001 meeting, the Planning Commission was presented
with the revised project plans and heard additional testimony from the
neighbors. A unanimous motion to continue action on the proposed tract
map and Mitigated Negative Declaration to October 23, 2001 was passed
by the Commission; and,

WHEREAS,
after issuing a new notice pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on November 27, 2001, at which time all interested parties
were given the opportunity to be heard and present evidence; and,

WHEREAS,
at its November 27, 2001 meeting, after hearing public testimony, the
Planning Commission adopted P.C. Resolution No. 2001-__ making certain
findings related to the requirements of the California Environmental
Quality Act and recommended that the City Council adopt a Mitigation
Monitoring Program and Mitigated Negative Declaration for the proposed
project.

NOW,
THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section
1: The Planning Commission makes the following findings of fact
with respect to the application for Tentative Tract Map No. 53305 to
subdivide the 4.99-acre site into ten (10) lots:

A.
The subject applications would permit the subdivision of a 4.99-acre
site into ten (10) lots, consisting of seven (7) residential lots,
one (1) open space lot, one (1) private street lot and one (1) lot
for the remaining California Water Service Company office. The proposed
residential lots will maintain a minimum lot area of 10,000 square
feet and a minimum contiguous lot area of 3,300 square feet, as required
by the City’s Development Code and Subdivision Ordinance for lots
located within the designated RS-4 (Single-Family Residential) zoning
district. As proposed, six (6) of the lots will maintain access off
Scotwood Drive via a new private street, and the seventh residential
lot will have direct access off Scotwood Drive, an existing public
street. The subject property is currently improved with the existing
California Water Service Company office, reservoir, maintenance yard,
carport and parking lot. A portion of the existing carport will be
demolished prior to recordation of the final tract map. Furthermore,
the proposed subdivision requires 16,000 cubic yards of associated
grading, consisting of 14,000 cubic yards of cut and 2,000 cubic yards
of fill, of which 12,000 cubic yards will be exported from the site.
The Planning Commission finds that the proposed project is permitted
within the RS-4 zoning district, and would not result in significant
adverse environmental impacts. In making this finding, the Planning
Commission considered the project's mitigation measures that address
the issues of Land Use and Planning, Aesthetics, Air Quality, Cultural
Resources, Geology, Noise, Traffic/Circulation, Utilities, and Water
Quality.

B.
The creation of seven (7) single-family residential lots is consistent
with the type of land use and density identified in the City’s General
Plan, Residential 46 Dwelling Units per Acre; and, as conditioned,
is consistent with the City’s Development Code for projects within
the RS-4 zoning district, and will not significantly impact the required
land use.

C.
The creation of seven (7) single-family residential lots is designed
to comply with the minimum 10,000 square foot lot area requirement
and the minimum 3,300 square foot contiguous lot area requirement
for newly-created lots in the City’s RS-4 zoning district, and the
newly created lots comply with the minimum lot width and depth standards
required for the RS-4 zoning district.

D.
The subdivision and development of the property will not unreasonably
interfere with the free and complete exercise of the public entity
and/or public utility rights-of-way and/or easements within the tract;
and that the dedications required by local ordinance are shown on
the Tentative Tract Map and/or are set forth in the attached conditions
of approval.

E.
The subject use, as conditioned, mitigates or reduces significant
adverse effects to adjacent properties or the permitted uses thereof
and will create a project that will be sensitive and harmonious with
the surrounding area.

F.
The project requires 16,000 cubic yards of associated grading to prepare
the site for residential development. As such, the Planning Commission
finds that the proposed project will not result in significant adverse
affects to topography; destruction, covering, or modification of unique
geologic or physical features; impacts to archeological or paleontological
resources; or expose persons to seismic ground failure, landslides,
or other known hazards; affect any plant or animal species or result
in the removal of any sensitive plant life or animal life; or create
a wasteful or inefficient use of the energy already being consumed
on the site. Although on-site grading is proposed, a geotechnical
report addressing the scope of the project grading has been conceptually
approved by the City’s Geotechnical Engineer in the planning stage,
further reports will be required to be reviewed and approved by the
City’s Building Official and the City’s geotechnical consultant prior
to issuance of grading or building permits. Furthermore, the geotechnical
report shall provide the developer with applicable conditions for
which the project shall be constructed, along with other conditions
that the City’s Building Official and City’s geotechnical consultant
find necessary to ensure the project is constructed in a manner that
does not jeopardize the public’s health, safety and welfare. As such,
the conditions will ensure that the proposed project will not cause
any significant geological impacts.

Section
2: The Planning Commission finds that the proposal to change
the land use designation for portions of the property from Infrastructure-Facility
to Residential 4-6 DU/acre is appropriate because the Infrastructure-Facility
designation is reflective of the land use in place on the property at
the time of the City’s incorporation in 1973. Also in 1973, the property
was down-zoned for single-family residential use with a 1-acre minimum
lot size because the County land use plan for the site and the City
as a whole generally called for much higher residential densities than
existed at the time. Through the adoption of the City’s first zoning
ordinance in 1975, the property was re-zoned RS-4, which was and is
consistent with the density of development in the surrounding single-family
neighborhood (Mesa Palos Verdes). The portions of the site proposed
for residential development are surplus areas that are no longer needed
for the water company’s operations. This is due in part to the fact
that the original water company facilities were envisioned to supply
a much higher density of development in the City—particularly within
the coastal areas—which never materialized after the incorporation and
down-zoning of much of the City. However, there is still an apparent
inconsistency with the General plan land use designation of Infrastructure-Facility
and the site’s RS-4 zoning designation. Therefore, the approval of the
proposed subdivision and residential development of portions of the
California Water Service Company site should be contingent upon the
City Council’s approval of a general plan amendment that designates
the portions of the site proposed for residential development as Residential
2-4 DU/acre.

Section
3: The Planning Commission makes the following findings of fact
with respect to the application for Conditional Use Permit No. 228 to
establish a residential planned development (RPD) overlay for the subject
property:

A.
The proposed Residential Planned Development conforms to the intent
of the General Plan and any specific plan adopted by the City. The
General Plan designates the CWSC site as Infrastructure-Facility,
while the City’s zoning map designates the property RS-4. This is
the same zoning designation as the surrounding Mesa Palos Verdes
community, which is designated Residential, 2-4 DU/acre in the General
Plan. The CWSC office, maintenance yard, reservoir and pump station
will remain so that the site will continue to fulfill its role consistent
with the General Plan. The portions of the property that are proposed
to be developed for residential use are portions that are no longer
necessary for CWSC’s operations. As such, their transition to uses
that are consistent with the surrounding Residential, 2-4 DU/acre
land use designation conforms with the intent of the General Plan.
It is the primary goal of the Land Use Element of the General Plan
"to provide for land uses which will be sensitive to and enhance
the natural environment and character of the community, supply appropriate
facilities to serve residents and visitors, promote a range of housing
types, promote fiscal balance, and protect the general health, safety
and welfare of the community." According to the General Plan,
undeveloped property that is designated Residential, 2-4 DU/acre "has
low and moderate physical and social constraints and the density is
compatible with the adjacent existing and future densities."
The Planning Commission finds that these characteristics are applicable
to the subject property.

B.
The proposed Residential Planned Development conforms to the uses
and development standards contained in Chapter 17.42 (Residential
Planned Development) of the City’s Development Code. As a condition
of approval, Lot 7 of the subdivision will be retained as an open
area. This lot exceeds thirty percent (30%) of the total site area,
thereby complying with RPVDC Section 17.42.040(C). Pursuant to Sections
17.42.040(C)(3) and (4), Lot 7 would be dedicated to CWSC as the "appropriate
agency" to oversee its management and maintenance. The proposed
homes will meet or exceed the City’s off-street parking requirements,
and the lot coverage/open space requirements of the RS-4 zoning district
will also be met. The existing CWSC facilities will be retained on
the site, which is permitted pursuant to Section 17.42.030(E). Therefore,
the Planning Commission finds that the proposed project conforms with
the provisions of Chapter 17.42.

C.
The proposed Residential Planned Development conforms to the intent
of the provisions and requirements of the City’s Development Code,
including but not limited to the residential development standards
of Chapter 17.02 (Single-Family Residential Districts). In particular,
the plans indicate that adequate consideration has been given to the
scale, architectural styles and materials of both the proposed and
surrounding residences. The seven (7) homes proposed as a part of
this project have been reviewed for compatibility with the character
of the surrounding Mesa Palos Verdes neighborhood. All of the
homes will comply with the 20-foot front-yard setback requirement,
which applies throughout the surrounding neighborhood. The homes will
also display a variety of architectural styles and materials that
complement the architecture of nearby homes. Although the proposed
homes are generally larger than the surrounding homes in Mesa Palos
Verdes, their size has been reduced by the applicant in response
to neighborhood concerns. The six (6) homes on the cul-de-sac will
form their own "neighborhood" that will be internally consistent
with itself. The seventh home, which faces on to Scotwood Drive, will
be seen in direct context with adjacent residences, so it has been
re-designed to minimize its apparent bulk and mass as viewed from
the street. With respect to view preservation, the project has been
modified to limit all seven (7) homes to sixteen feet (16’) in height,
as measured from the finished grade elevations, so that ocean views
are preserved and protected. With respect to other development standards,
the only deviation requested is the reduction on interior side-yard
setback between the homes in the project. This reduction will only
affect the homes in the project itself, since the required minimum
side-yard setbacks where the proposed homes abut the neighboring residences
(Lots 3, 4 and 9) will be met or exceeded. As such, the Planning Commission
finds that the proposed project conforms to the intent of the provisions
and requirements of the City’s Development Code.

D.
The site and grading plans indicate adequate consideration for the
preservation of existing trees and native plant growth, watercourses
and other natural features, and natural topography. Creation of individual
"pads" for each home site, in hillside areas, shall be discouraged.
Building design shall accommodate the site. The are no natural features,
watercourses or topography on the subject property. However, there
are a number of mature, non-native trees and other foliage on portions
of proposed Lots 1 through 4. The applicant has prepared a landscape
plan to retain as much of the existing mature foliage as possible,
and to re-vegetate areas where the existing foliage cannot be retained.

E.
The plans for the proposed development show that adequate consideration
has been given to privacy at the individual, family and neighborhood
levels, including visual and acoustical privacy, in terms of the separation
or orientation of dwelling units and private outdoor living areas.
The developer has plotted the proposed homes on the lots based upon
the standard RS-4 setbacks. However, the rear yards of all of the
proposed homes exceed the 15-foot minimum setback, and they all abut
the rear yards of surrounding homes (Lots 1 through 3), the existing
reservoir area (Lots 4 through 6) or the CWSC maintenance yard (Lot
9). All of the proposed homes comply with the 50-percent lot coverage
standard of the RS-4 district. In addition, the side-yard setbacks
of Lots 3 and 4 abutting the rear yards of homes on Stonecrest Road
have been increased to provide additional privacy. As such, the Planning
Commission finds that reasonable privacy will be provided in the rear
yard areas.

F.
The plans indicate that adequate consideration has been given to auto
and pedestrian circulation, discouraging through-traffic on local
streets, speed control, access, convenience, safety and the recreational
aspects of pedestrian and bicycle circulation; and an indication on
the plans that the design of any proposed streets that vary from City
standards will perform the function required and that the off-site
improvements will not create maintenance costs to the City which greatly
exceed the costs for standard off-site improvements. The proposed
private street would mainly serve the residents of the new subdivision,
while trips to and from the CWSC facility would primarily use the
existing driveway from Crest Road. Since the proposed street will
be private, the maintenance costs will not be borne by the City. The
proposed street has been reviewed by the City’s Public Works Department,
and will also require final approval by the Fire Department prior
to recordation of the final tract map. Therefore, the Planning Commission
finds that this finding can be made for the proposed project.

G.
The plans indicate that common open space areas will be suitable for
recreational use and valuable for views, conservation or separation
of dwelling units. The open space area would be the existing lawn
on top of the underground reservoir. Since the reservoir will remain,
it would not be appropriate for this property to be used for active
recreational use. However, it is ideal for passive recreational use
(such as walking or picnicking) and to function as a buffer for the
surrounding homes to the north and northeast of the project site.

H.
The plans indicate that adequate consideration has been given to the
provision of common recreation areas and facilities, in relation to
the size of the private lots and reduced recreation opportunities
in private yards. The proposed lot sizes all exceed the minimum 10,000-square-foot
standard of the RS-4 district. These proposed lots would be adequate
to provide for the development of private recreation areas and other
accessory uses on each lot. As such, the Planning Commission finds
that the proposed project does not warrants the inclusion of common
recreational facilities for its residents.

I.
The plans indicate adequate consideration for adjacent existing and
future developments, and the extension of the circulation, open space,
drainage and utility systems from one development to another. The
project will continue to provide for infrastructure connections to
the surrounding neighborhood. Aside from these, however, the Planning
Commission finds no need or opportunity for connection with circulation
or open space systems in the surrounding neighborhood.

J.
In approving the subject use at the specific location, there will
be no significant adverse effect on adjacent property or the permitted
use thereof. As discussed elsewhere in this Resolution and in the
accompanying Resolution recommending adoption of the Mitigated Negative
Declaration, all adverse impacts of the project will be mitigated
to less-than-significant levels.

K.
The required finding that, if the site of the proposed use is within
any of the overlay control districts established by Chapter 17.40
(Overlay Control Districts) of the City’s Development Code, the proposed
use complies with all applicable requirements of that chapter, is
not applicable because the subject property is not located within
an overlay control district.

L.
Conditions that the Planning Commission finds to be necessary to protect
the health, safety and general welfare, have been imposed upon the
project, as delineated in the attached Exhibit ‘A’.

Section
4: The Planning Commission makes the following findings of fact
with respect to the application for Grading Permit No. 2242 for the
development of seven (7) single-family residences and a private street:

A.
The grading does not exceed that which is necessary for the permitted
primary use of the lot, as defined in Section 17.96.2210 of the Development
Code. The proposed project encompasses sixteen thousand cubic yards
(16,000 CY) of earth movement, much of which is remedial in nature.
Based upon similar construction of new homes on vacant lots elsewhere
in the City, this is a relatively small quantity of material for the
construction of seven homes and a private street. In most cases, the
final pad elevations of the proposed lots will not vary significantly
from the existing site topography. The graded areas will be confined
to the proposed residential lots and private street, which comprise
less than half of the total site.

B.
The grading and/or related construction does not significantly adversely
affect the visual relationships with, nor the views from, neighboring
properties. The elevations of many of the pads have been lowered in
response to neighborhood concerns, and all of the proposed homes now
comply with the 16-foot height limit for pad or downslope lots. These
modifications have reduced or eliminated the impairment of views from
surrounding properties.

C.
The nature of the grading minimizes disturbance to the natural contours,
and finished contours are reasonably natural. The site is generally
flat. With the exception of the transitional 3:1 slopes on Lots 1
through 3, no large new slope areas will be created.

D.
The required finding that the grading takes into account the preservation
of natural topographic features and appearances by means of land sculpting
so as to blend any man-made or manufactured slope into the natural
topography, is not applicable because there are no natural topographic
features on the subject property.

E.
For new single-family residences, the grading and/or related construction
is compatible with the immediate neighborhood character, as defined
in Section 17.02.040(A)(6) of the Development Code. As discussed elsewhere
in this Resolution, the Planning Commission finds that the proposed
project is consistent with the immediate neighborhood character.

F.
In new residential tracts, the grading includes provisions for the
preservation and introduction of plant materials so as to protect
slopes from soil erosion and slippage, and minimize visual effects
of grading and construction on hillside areas. Although the proposed
project is a new residential tract, it is not located in a hillside
area. The approval of a grading permit for this project is conditioned
to require implementation of slope protection and erosion control,
as well as compliance with the provisions of the City’s National Pollutant
Discharge Elimination System (NPDES) program. In addition, the applicant
will be required to retain and protect as much of the existing mature
foliage on the site as possible.

G.
The grading utilizes street designs and improvements which serve to
minimize grading alternatives and harmonize with the natural contours
and character of the hillside. The proposed project does involve the
construction of a new private street, but the site is not located
in a hillside area. Nonetheless, the grading for the private street
comprises as fairly small portion of the overall grading proposed.

H.
The grading would not cause excessive and unnecessary disturbance
of natural landscape or wildlife habitat through removal of vegetation.
There does exist mature foliage on the site, but no wildlife habitat
that supports any sensitive (i.e., endangered or threatened) species.

I.
The grading conforms with the minimum standards for finished slope,
depth of cut and/or fill, retaining wall location and height, and
driveway slope established under Section 17.76.040(E)(8) of the Development
Code.

Section
5: Any interested person aggrieved by this decision or by any
portion of this decision may appeal to the City Council. Pursuant to
Section 17.76.040(H) of the Rancho Palos Verdes Municipal Code, any
such appeal must be filed with the City, in writing and with the appropriate
appeal fee, no later than fifteen (15) days following November 27, 2001,
the date of the Planning Commission’s final action.

Section
6: For the foregoing reasons and based on the information and
findings included in the Staff Report, Minutes and other records of
proceedings, the Planning Commission of the City of Rancho Palos Verdes
hereby recommends that the City Council conditionally approve Tentative
Tract Map No. 53305, General Plan Amendment No. 30, Conditional Use
Permit No. 228 and Grading Permit No. 2242 in conjunction with the adoption
of a Mitigated Negative Declaration and Environmental Assessment No.
738, to allow the subdivision of a 4.99-acre site into seven (7) residential
lots, one (1) open space lot, one (1) private street lot and one (1)
lot to accommodate the existing California Water Service Company offices,
on property located within the City’s designated RS-4 zoning district,
located at 5837 Crest Road, subject to the recommended conditions of
approval in the attached Exhibit ‘A’.

PASSED,
APPROVED, AND ADOPTED this 27th day of November 2001, by the following
vote:

Within ninety
(90) days of this approval, the applicant and/or property owner shall
submit to the City a statement, in writing, that they have read, understand
and agree to all conditions of approval contained in this approval.
Failure to provide said written statement within ninety (90) days
following the date of this approval shall render this approval null
and void.

The developer
shall supply the City with one mylar and copies of the map after the
final map has been filed with the Los Angeles County Recorders Office.

This approval
expires twenty-four (24) months from the date of approval of the tentative
tract map by the City Council, unless extended per Section 66452.6
of the Subdivision Map Act and Section 16.16.040 of the Development
Code. Any request for extension shall be submitted to the Planning
Department in writing prior to the expiration of the map.

The portion of
the existing carport structure that crosses the property line between
Lots 8 and 9 shall be demolished prior to recording the final tract
map. A demolition permit shall be obtained by the City’s Building
and Safety division prior to any demolition activity.

All lots shall
comply with the lot criteria required by the Development Code for
a RS-4 Zoning District, including the 10,000 square foot minimum lot
area and the 3,300 square foot minimum contiguous lot area.

The hours of
construction shall be limited to 7:00 AM to 7:00 PM, Monday through
Friday, and 9:00 AM to 5 PM on Saturday. No construction shall be
permitted on Sundays or on legal holidays unless otherwise permitted
with the approval of a Special Construction Permit.

Unless specific
development standards for the development of the lots are contained
in these conditions of approval, the development of the lots shall
comply with the requirements of Title 17 of the City’s Municipal Code.

The approval
of the proposed subdivision and residential development of portions
of the California Water Service Company site shall be contingent upon
the City Council’s approval of a general plan amendment that designates
the portions of the site proposed for residential development as Residential
2-4 DU/acre.

Subdivision
Map Act

Prior to submitting the Final Map for recordation pursuant to Section
66442 of the Government Code, the subdivider shall obtain clearances
from affected departments and divisions, including a clearance from
the City’s Engineer for the following items: mathematical accuracy,
survey analysis, correctness of certificates and signatures, etc.

County
Recorder

If signatures of record title interests appear on the final map,
the developer shall submit a preliminary guarantee. A final guarantee
will be required at the time of filing of the final map with the County
Recorder. If said signatures do not appear on the final map, a preliminary
title report/guarantee is needed that covers the area showing all
fee owners and interest holders. The account for this preliminary
title report guarantee shall remain open until the final map is filed
with the County Recorder.

Archaeology

A qualified archaeologist
shall make frequent periodic grading inspections to evaluate cultural
resources on the site. If archaeological resources are found, all
work in the immediate area shall stop and the resources shall be removed
or preserved. All "finds" shall be reported to the Director
of Planning, Building and Code Enforcement immediately.

A qualified paleontologist
shall be present during all rough grading operations. If paleontological
resources are found, the paleontologist shall stop all work in the
affected area and all resources shall be excavated or preserved. All
"finds" shall be reported to the Director Planning, Building
and Code Enforcement immediately.

Sewers

A bond, cash
deposit, or other City approved security, shall be posted prior to
recordation of the Final Map or start of work, whichever occurs first,
to cover costs for construction of a sanitary sewer system, in an
amount to be determined by the Director of Public Works.

Prior to approval
of the final map, the subdivider shall submit to the Director of Planning,
Building and Code Enforcement a written statement from the County
Sanitation District approving the design of the tract with regard
to the existing trunk line sewer. Said approval shall state all conditions
of approval, if any, and state that the County is willing to maintain
all connections to said trunk lines.

Approval of this
subdivision of land is contingent upon the installation, dedication
and use of local main line sewer and separate house laterals to serve
each lot of the land division.

Sewer easements
are required, subject to review by the City Engineer, to determine
the final locations and requirements.

Prior to construction,
the subdivider shall obtain approval of the sewer improvement plans
from the County Engineer Sewer Design and Maintenance Division.

Water

There shall be
filled with the City Engineer a "will serve" statement from
the water purveyor indicating that water service can be provided to
meet the demands of the proposed development. Said statement shall
be dated no more than six (6) months prior to issuance of the building
permits.

Prior to recordation
of the Final Map or prior to commencement of work, whichever comes
first, the subdivider must submit a labor and materials bond in addition
to either:

An agreement
and a faithful performance bond in the amount estimated by the City
Engineer and guaranteeing the installation of the water system;
or

An agreement
and other evidence satisfactory to the City Engineer indicating
that the subdivider has entered into a contract with the serving
water utility to construct the water system, as required, and has
deposited with such water utility security guaranteeing payment
for the installation of the water system.

There shall be
filed with the City Engineer a statement from the water purveyor indicating
that the proposed water mains and any other required facilities will
be operated by the water purveyor and that, under normal operating
conditions, the system will meet the needs of the developed tract.

At the time the
final land division map is submitted for checking, plans and specifications
for the water systems facilities shall be submitted to the City Engineer
for checking and approval, and shall comply with the City Engineer’s
standards. Approval for filing of the land division is contingent
upon approval of plans and specifications mentioned above.

All lots shall
be served by adequately sized water system facilities that shall include
fire hydrants of the size and type and location as determined by the
Los Angeles County Fire Department. The water mains shall be of sufficient
size to accommodate the total domestic and fire flows required for
the land division. The City Engineer shall determine domestic flow
requirements. Fire flow requirements shall be determined by the Fire
Department and evidence of approval by the Fire Chief is required.

Framing of structures
shall not begin until after the Los Angeles County Fire Department
has determined that there is adequate fire fighting water and access
available to said structures.

Prior to project
approval by the City, and subject to the review and approval of the
City PBCE Department, the project proponent shall provide evidence
that they have received confirmation from the California Water Service
Company that current water supplies are adequate to serve the proposed
project.

The City shall
ensure that construction plans and specifications for all proposed
homes shall include the following interior water conservation measures
for the following plumbing devices and appliances:

Reduce water
pressure to 50 pounds per square inch or less by means of a pressure-reducing
valve.

Landscaping and
irrigation plans for the public and private open space areas shall
be submitted by the project proponent and approved by the Director
of PBCE, prior to the issuance of building permits. Said plans shall
incorporate, at a minimum, the following water conservation measures:

Extensive use
of native plant materials.

Low water-demand
plants.

Minimum use of
lawn or, when used, installation of warm season grasses.

Grouped plants
of similar water demand to reduce over-irrigation of low water demand
plants.

Extensive use
of mulch in all landscaped areas to improve the soil’s water-holding
capacity.

Use of reclaimed
wastewater, stored rainwater or gray water for irrigation.

The project proponents
shall contact the Department of Water Resources for information on
other water conservation techniques which could be incorporated into
the project design. Evidence of compliance with such other recommendations
shall be submitted to the Director of PBCE, prior to the issuance
of building permits.

Drainage

A bond, cash
deposit, or combination thereof shall be posted to cover costs of
construction in an amount to be determined by the City Engineer.

Prior to filing
of the Final Map, the developer shall submit a hydrology study to
the City Engineer to determine any adverse impacts to existing flood
control facilities generated by this project. Should the City Engineer
determine that adverse impacts will result, the developer will be
required to post a cash deposit or bond or combination thereof in
an amount to be determined by the Director of Public Works, which
will be based on the project’s share of the necessary improvements.

Drainage plans
and necessary support documents to comply with the following requirements
must be approved prior to the recordation of the Final Map or commencement
of work, whichever comes first:

Provide drainage
facilities to remove the flood hazard to the satisfaction of the
City Engineer and dedicate and show easements on the final map.

Eliminate
the sheet overflow and ponding or elevate the floors of the buildings
with no openings in the foundation walls to at least twelve inches
above the finished pad grade.

Provide drainage
facilities to protect the lots from high velocity scouring action.

Provide for
contributory drainage from adjoining properties.

In accordance
with Section 1601 and 1602 of the California Fish and Game Code, the
State Department of Fish and Game, 350 Golden Shore, Long Beach, California
90802, (562) 435-7741, shall be notified prior to commencement of
work within any natural drainage courses affected by this project.

All drainage
swales and any other on-grade drainage facilities, including gunite,
shall be of an earth tone color and shall be reviewed and approved
by the Director of Planning, Building and Code Enforcement.

Site surface
drainage measures included in the project Geotechnical Engineering
& Engineering Geologic Exploration report (Western Laboratories,
July 21, 2000) shall be implemented by the project developer during
project construction.

Subject to review
and approval of the City Public Works and Building and Safety Department
and prior to issuance of grading permits, the project proponent shall
submit a stormwater management plan which shows the on-site and off-site
stormwater conveyance system that will be constructed by the project
proponent for the purpose of safely conveying stormwater off of the
project site. These drainage structures shall be designed in accordance
with the most current standards and criteria of the Director of Public
Works and Los Angeles County Department of Public Works to ensure
that default drainage capacity is maintained. The plan shall also
show whether existing stormwater facilities off the site are adequate
to convey storm flows.

In accordance
with the Clean Water Act, coordinate with the Regional Water Quality
Control Board (RWQCB) regarding the required National Pollutant Discharge
Elimination System (NPDES) permit for the project. The developer shall
obtain this permit and provide the City with proof of the permit before
construction activities begin on the project site.

Appropriate Best
Management Practices, including sandbags shall be used to help control
runoff from the project site during project construction activities.

In accordance
with the Clean Water Act, the project proponent shall coordinate with
the Regional Water Quality Control Board (RWQCB) on the preparation
of a Stormwater Pollution Prevention Plan (SWPPP) for the proposed
project.

Streets

Prior to recordation
of the Final Map or the commencement of work, whichever occurs first,
a bond, cash deposit, or combination thereof shall be posted to cover
costs for the full improvement of all proposed public streets and
related improvements, in an amount to be determined by the Director
of Public Works.

The developer
shall post an additional cash deposit, letter of credit, or combination
thereof in an amount sufficient to cover the cost of full improvements
of all facilities within the right-of-way of Scotwood Drive adjacent
to the Tract. Said improvements may include, but are not limited to,
A/C paving, curb/gutter, sidewalk, drainage improvements, bikeways,
bus stop improvements, medians and landscaping. The design of such
improvements shall be subject to the adopted street standards and
the approval of the Director of Public Works.

The proposed
street shall be "private" and designed to the satisfaction
of the Director of Public Works, pursuant to the following specifications:

All proposed
streets shall be thirty (30) feet in width, measured from flow-line.
Right-of-way shall be a minimum of thirty-three (33) feet.

Cul-de-sacs
shall be designed to the specifications of the Director of Public
Works and the Los Angeles County Fire Department.

Street and
traffic signs shall be placed at all intersections and/or corners,
as specified by the Director of Public Works, and shall meet City
standards.

All proposed
streets shall be designed in substantially the same alignment, as
shown on the approved tentative tract map, and to the above conditions.

Any raised
and landscaped medians and textured surfaces shall be designed to
standards as approved by the Director of Public Works prior to construction.
The developer shall provide maintenance of such improvements.

No street lights
or vehicular gates are permitted.

The contractor
shall be responsible for repairs to any neighboring streets (those
streets to be determined by the Director of Public Works) which may
be damaged during development of the tract. Prior to issuance of grading
permits, the developer shall post a bond, cash deposit or City approved
security, in an amount sufficient to cover the costs to repair any
damage to streets or appurtenant structures as a result of this development.

The applicant
shall obtain any necessary approvals from the City of Rolling Hills
Estates to allow the use of public streets for project-related construction
vehicles.

The City, at
its discretion, may permit the developer to make said improvements
or use the above payments to make said improvements by the City, as
determined by the Director of Public Works.

The developer
shall pay traffic impact fees in an amount determined by the Director
of Public Works upon acceptance of all public works improvements by
the Director of Public Works.

Utilities

All utilities
to and on the lots shall be provided underground, including cable
television, telephone, electrical, gas and water. All necessary permits
shall be obtained for their installation. Cable television shall connect
to the nearest trunk line at the developer’s expense.

Geology

Subject to review
and approval by the Director of the City Planning Building and Code
Enforcement Department (City PBCE) and prior to issuance of grading
permits, the project proponent implement are of the recommendations
in the Geotechnical Engineering & Engineering Geologic Exploration
report (Western Laboratories, July 21, 2000) prepared for the
project.

Prior to recordation
of the Final Map or commencement of work, whichever occurs first,
a bond, cash deposit, or combination thereof shall be posted to cover
costs for any geologic hazard abatement in an amount to be determined
by the City Engineer.

All geologic
hazards associated with this proposed development shall be eliminated
or the City Geologist shall designate a restricted use area in which
the erection of buildings or other structures shall be prohibited.

Prior to issuance
of grading or building permits, the developer shall submit a Geology
and/or Soils Engineer’s report on the expansive properties of soils
on all building sites in the proposed subdivision. Such soils are
defined by Building Code Section 2904 (b).

An as-built geological
report shall be submitted for structures founded on bedrock. An as-built
soils and compaction report shall be submitted for structures founded
on fill as well as for all engineered fill areas.

Easements

Easements shall
not be granted or recorded within areas proposed to be granted, dedicated,
or offered for dedication for public streets or highway access rights,
building restriction rights, or other easements until after the final
tract map is filed with the County Recorder, unless such easements
are subordinated to the proposed grant or dedication. If easements
are granted after the date of tentative approval, a subordination
must be executed by the easement holder prior to the filing of the
Final Tract Map.

A private street
easement, prepared to the satisfaction of the City Attorney, shall
be recorded against Lots 8 and 10 allowing egress and ingress rights
to Lots 1 through 6.

Easements are
required, subject to review by the City Engineer, to determine the
final locations and requirements.

Survey
Monumentation

Prior to recordation
of the Final Map, a bond, cash deposit, or combination thereof shall
be posted to cover costs to establish survey monumentation in an amount
to be determined by the City Engineer.

Within twenty-four
(24) months from the date of filing the Final Map, the developer shall
set survey monuments and tie points and furnish the tie notes to the
City Engineer.

All lot corners
shall be referenced with permanent survey markers in accordance with
the City’s Municipal Code.

All tract corners
shall be referenced with permanent survey markers in accordance with
the Subdivision Map Act.

Street
Names and Numbering

Any street names
and/or house numbering by the developer must be approved by the City
Engineer.

Park,
Open Space and Other Dedications

Prior to recordation
of the Final Map, the developer shall pay to the City of Rancho Palos
Verdes a Parkland Dedication in lieu fee which is to be calculated
pursuant to the City’s Development Code.

A notation shall
be placed upon the final tract map, stating the Lot 7 is a common
open space area for the tract, pursuant to Section 17.42.040(C) of
the City’s Municipal Code. Lot 7 shall be held in fee by California
Water Service Company and its successors, which shall be obligated
to maintain the property as a common open space area. The foliage
along the southerly property line of Lot 7 shall be maintained so
as not to exceed eight feet (8’) in height.

A notation shall
be placed upon the final tract map, reserving the right to prohibit
the erection of residential structures on Lots 7 and 8 to the City
of Rancho Palos Verdes.

Affordable
Housing

Prior to approval
of the Final Map, the subdivider shall agree to participate in the
City’s affordable housing program, as codified in Chapter 17.11 of
the City’s Municipal Code. Said participation may include construction
of affordable units and/or payment of an affordable housing in-lieu
fee.

Grading

Prior to recordation
of the Final Map or the commencement of work, whichever occurs first,
a bond, cash deposit, or combination thereof, shall be posted to cover
the costs of grading in an amount to be determined by the City Engineer.

Prior to issuance
of a grading permit by Building and Safety, the applicant shall submit
to the City a Certificate of Insurance demonstrating that the applicant
has obtained a general liability insurance policy in an amount not
less than 5 million dollars per occurrence and in the aggregate to
cover awards for any death, injury, loss or damage, arising out of
the grading or construction of this project by the applicant. Said
insurance policy must be issued by an insurer admitted to do business
in the State of California with a minimum rating of A-VII by Best’s
Insurance Guide. Said insurance shall not be canceled or reduced during
the grading or construction work and shall be maintained in effect
for a minimum period of one (1) year following the final inspection
and approval of said work by the City, and without providing at least
thirty (30) days prior written notice to the City.

Said approval
shall allow a total of 16,000 cubic yards of earth movement, consisting
of 14,000 cubic yards of cut and 2,000 cubic yards of fill, of which
12,000 cubic yards will be exported from the site. The maximum height
of cut is 8 feet and the maximum height of fill is 3 feet. Any revisions
that result in a substantial increase to the aforementioned grading
quantities shall be reviewed and approved by the Planning Commission
as a revision to the grading application.

A construction
plan shall be submitted to the Director of Planning, Building and
Code Enforcement prior to issuance of grading permits. Said plan shall
include but not be limited to: limits of grading, estimated length
of time for rough grading and improvements, location of construction
trailer, location and type of temporary utilities. The use of rock
crushers shall be prohibited.

Prior to filing
the Final Map, a grading plan shall be reviewed and approved by the
City Engineer and City Geologist. This grading plan shall include
a detailed engineering, geology and/or soils engineering report and
shall specifically be approved by the geologist and/or soils engineer
and show all recommendations submitted by them. It shall also be consistent
with the tentative map and conditions, as approved by the City.

A note shall
be placed on the approved grading plan that requires the Director
of Planning, Building and Code Enforcement to approve rough grading
prior to final clearance. The Director (or a designated staff member)
shall inspect the graded site for accuracy of pad elevations, created
slope gradients, and pad size by requiring the applicant to provide
survey certifications of the pad elevations, slope gradients, and
pad sizes.

Grading shall
conform to Chapter 29, "Excavations, Foundations, and Retaining
Walls", and Chapter 70, "Excavation and Grading of the Uniform
Building Code".

Prior to the
issuance of grading permits, the project proponent shall demonstrate
to the Director of Planning, Building and Code Enforcement that dust
generated by grading activities shall comply with the South Coast
Air Quality Management District Rule 403 and the City Municipal Code
Requirements which require watering for the control of dust.

During construction,
all grading activities shall cease during periods of high winds (i.e.,
greater than 30 mph). To assure compliance with this measure, grading
activities are subject to periodic inspections by City staff.

The project proponent
shall provide the Director of PBCE with weekly certifications that
all construction equipment is fitted with emission control devices
and kept in proper tune.

Graded slope
tops shall be rounded, slope gradients shall be varied, and no significant
abrupt changes between natural and graded slopes will be permitted.
All created slopes shall not be greater than 3:1. Slopes may be split
between adjacent lots.

Prior to the
issuance of a grading permit for the project, the project proponent
shall prepare a haul route plan for approval by the City’s Public
Works Department. The project proponent shall also be required to
post a bond with the City in an amount determined by the Public Works
Department that will provide for the repair of City streets damaged
by the hauling of soil to the project site.

Project construction
activities shall comply with applicable City noise restrictions. Construction
activities shall be limited to hours between 7:00 AM and 7:00 PM,
Monday through Friday, and 9:00 AM to 5:00 PM on Saturday. No project
construction will be allowed on Sundays or on holidays.

Public
Services

The project proponent
will coordinate with the County of Los Angeles Fire Department to
determine any appropriate mitigation to compensate for the increase
in the demand for fire protection services due to the proposed project
and any special site design considerations that would minimize fire
hazards. The cul-de-sac to be constructed as part of this project
shall be constructed to Fire Department Standards to allow room for
fire trucks to turn around in the cul-de-sac.

The project proponent
will coordinate with the County of Los Angeles, Office of the Sheriff,
to determine any appropriate mitigation to compensate for the increase
in the demand for police protection services due to the proposed project.
Appropriate police service fees shall be paid before a Use and Occupancy
Permit is issued for the project.

Common
Area Improvements and CC&R’s

To the maximum
extent feasible, existing foliage along the south and east boundaries
of the tract and along the south boundary of Lot 7 shall be retained
to preserve the privacy of adjacent residences. Prior to grading permit
issuance, the applicant shall submit a tract landscape plan for the
Director’s review that delineates the existing foliage to be removed
and preserved, as well as new foliage to be planted. The Director
may require the planting of additional replacement foliage to ensure
the privacy of adjacent residences

Prior to approval
of the Final Map, copies of the Covenants, Conditions and Restrictions
(CC&R’s) shall be submitted for the review of the Director and
the City Attorney. Said CC&R’s shall reflect the standards provided
in Chapter 17.42 (Residential Planned Development) of the Municipal
Code, as well as all applicable development standards contained in
this Resolution. All necessary legal agreements, including homeowners’
association, deed restrictions, covenant, dedication of development
rights, public easements and proposed methods of maintenance and perpetuation
of drainage facilities and any other hydrological improvements prior
to the approval of the Final Map.

Development
Standards for Individual Lots

The Final Map
shall be in conformance with the lot sizes and configurations shown
on the Tentative Map for the RS-4 zoning district. All lots shall
maintain a minimum lot size of 10,000 square feet, a minimum contiguous
lot area of 3,300 square feet, which excludes setback areas and extreme
slopes areas, and a minimum width of 75 feet and minimum depth of
100 feet, as defined by the Development Code.

No siting or
grading for homes shall occur on existing extreme slopes (greater
than 35%), unless otherwise permitted by criteria set forth in the
Development Code. Driveway slopes to individual homes shall conform
to the standards set forth in the Development Code.

The private driveways
shall meet Fire Department standards, including any painting or stenciling
of curbs denoting its existence as a Fire Lane and turn-arounds.

Final building
and site plans, including but not limited to grading, setbacks, elevations,
lot coverage calculations, landscaping, and lighting shall be submitted
to the Director of Planning, Building and Code Enforcement for review
and approval to determine conformance with the Development Code. Said
plans shall be in substantial compliance with the plans stamped approved
with the effective date of this Resolution.

The maximum building
pad elevations and building heights for all main structures are limited
as follows and shall be certified prior to issuance of final building
permits:

LOT
NO.

PAD
ELEVATION

MAXIMUM
HEIGHT

MAXIMUM
RIDGE ELEVATION

1

1184.0’/1174.0’

16’

1200.0’

2

1184.5’/1174.5’

16’

1200.5’

3

1185.0’/1175.0’

16’

1201.0’

4

1189.0’

16’

1205.0’

5

1186.5’

16’

1202.5’

6

1186.5’

16’

1202.5’

9

1201.5’/1193.5’

16’

1217.5’

All of the proposed
residences shall be constructed in compliance with the 16-foot height
limits for downslope and pad lots, as defined in the City’s Development
Code.

Chimneys, vents
and other similar features may only exceed the 16-foot height limit
by the minimum height necessary to comply with Building Code requirements.

The project proponent
shall submit a lighting plan for approval of the Director of PBCE
prior to issuance of the project and residential building permits.

The minimum roof
pitch shall be of 3:12. No flat roofs shall be permitted, except as
architectural features as permitted by the Director of Planning Building
and Code Enforcement.

Accessory structures
shall not exceed a height of twelve (12) feet, as measured from the
lowest pre-construction grade adjacent to the foundation wall to the
top of the highest roof ridgeline.

The following
table lists the minimum setbacks for the residential lots:

LOT
NO.

FRONT

REAR

E.
SIDE

W.
SIDE

ST.
SIDE

1

20’

56’

10’

32’

-

2

20’

52’

10’

7’

-

3

20’

45’

25’

7’

-

4

20’

15’

28’

5’

-

5

20’

26’

6’

10’

-

6

20’

22’

7’

15’

-

9

20’

42’

-

10’

10’

All foliage on
private lots shall be maintained so not to create significant view
impairment from surrounding properties in accordance to Section 17.02.040
of the Rancho Palos Verdes Municipal Code.

Prior to issuance
of building permits, the subdivider shall submit a tract fencing plan
for the review and approval for the Director.

Requested
Action: Allow construction of a new, 12-foot-tall single-family
residence and subterranean garage, guest house, studio and swimming
pool, totaling 22,715 square feet of habitable and non-habitable space,
on an 18.88-acre bluff-top site in the Portuguese Bend Club
community, and realign a portion of the private street right-of-way
of Yacht Harbor Drive across the site in conjunction with the construction
of the new residence.

On
October 9, 2001, the Planning Commission opened the public hearing on
these applications and heard testimony from the applicant and several
interested parties. The direction from the Planning Commission was to
require the applicant to silhouette the ridgeline(s) of the proposed
house, to consider the applications for the house and the road realignment
jointly, and for Staff to respond to issues raised by the public. On
October 23, 2001, Staff addressed the additional issues but the silhouette
had not been erected. The applicant requested the continuance of this
matter to tonight’s meeting in order to complete project modifications
and construction of the silhouette. At the October 23, 2001 meeting,
the Planning Commission also provided additional direction regarding
the silhouette and asked for further clarification and analysis of the
building height, structure size and lot coverage. Revised project plans
were submitted to the City on November 13, 2001 and the silhouettes
were completed on or about November 16, 2001.

DISCUSSION

Revised
Project Description

The
applicant has submitted revised project plans in response to comments
from the Planning Commission and a meeting with neighborhood residents
in the Seaview community on October 14, 2001. Copies of the revised
plans have also been provided directly to several Seaview residents
who have expressed concern about the project. The changes to the project
are summarized in a letter from the applicant’s architects, dated November
13, 2001, and in the table below.

Plan Feature

Revised Project

Original Project

Main House

First Floor

4,300 SF

4,490 SF

Second Floor

1,930 SF

4,065 SF

Basement

3,250 SF

6,045 SF

Highest Wall/Ridgeline

228.0’

230.0’

Top of Chimney

230.0’

230.0’

Guest House

Floor Area

1,065 SF

1,215 SF

Highest Wall/Ridgeline

222.58’

220.0’

Study

Floor Area

1,195 SF

1,400 SF

Highest Wall/Ridgeline

228.42’

230.0’

Garage

Floor Area

3,685 SF

5,500 SF

Highest Wall/Ridgeline

225.0’

N/A

Building Area

Habitable Area

8,490 SF

11,170 SF

Non-Habitable
Area

6,935 SF

11,545 SF

Total Area

15,425 SF

22,715 SF

Remedial Grading

Cut

10,350 CY

10,350 CY

Fill

10,350 CY

10,350 CY

Total

20,700 CY

20,700 CY

Net

0 CY

0 CY

Roadway Grading

Cut

4,800 CY

4,800 CY

Fill

4,800 CY

4,800 CY

Total

9,600 CY

9,600 CY

Net

0 CY

0 CY

House Grading

Cut

11,724 CY

11,500 CY

Fill

3,836 CY

8,765 CY

Total

15,560 CY

20,265 CY

Net

<7,888 CY>

<2,735 CY>

The
revised project has been slightly re-oriented on the lot, as depicted
on Sheet A5.2 of the plans. The large subterranean garage has been eliminated
and replaced with a lowered central motorcourt area and partially-subterranean
detached garage. The detached garage will be screened from view from
Palos Verdes Drive South by an earthen berm and the "roof"
will be planted with turf and/or low-growing, shallow-rooted shrubs.
As now proposed, a portion of the detached garage would encroach into
the 20-foot front-yard setback area. Although this is permitted for
structures that are completely subterranean, the garage is only partially
subterranean and would need to comply with the required setback. Therefore,
Staff recommends conditioning the approval of the project upon modifications
to the garage so that it respects the 20-foot setback. Finally, the
functions of the former study and guest house have been swapped, but
the structures themselves remain at about the same size and location.
The total quantity of grading has decreased by 4,705 cubic yards, but
the quantity of export has increased by 5,153 cubic yards.

Silhouette
and View Analysis

The
applicant has provided a diagram to assist in the interpretation of
the silhouettes. The silhouettes depict the major roof planes and walls
of the main house, study and guest house, based upon the revised project
plans submitted to the City on November 13, 2001. Staff has inspected
the silhouettes and believes that they reasonably depict the location,
height and bulk of the proposed project.

Staff
has reassessed its previous analysis of the view impacts of the project,
based upon the completed silhouette. With respect to public views from
Palos Verdes Drive South, the revised residence would encroach a maximum
of about three feet (3’0") into the 2-degree down-arc zone discussed
in the City’s Coastal Specific Plan, but the revised structure is also
six feet (6’0") below the 16-foot height limit. As noted in the
October 9, 2001 Staff report, the City has generally permitted structures
that are not within a specific view corridor (as identified in the Costal
Specific Plan) and that comply with the 16-foot height limit to encroach
into the 2-degree down-arc zone. Staff still believes that public views
for motorists, bicyclists or pedestrians will not be significantly impaired
by the revised project. With respect to private views from residences
in the Seaview community, in the October 9, 2001 Staff report,
Staff acknowledged that some private views from homes across Palos Verdes
Drive South might be adversely affected by the proposed residence. At
that time, Staff also noted that the proposed residence was only twelve
feet (12’0") tall, as measured pursuant to the Development Code.
The project has since been revised to a height of ten feet (10’0"),
which is six feet (6’0") lower than the maximum 16-foot height
limit permitted "by right." Although the 10-foot-tall structure
will block some portions of private ocean views, it should not encroach
upon views of Santa Catalina Island, which is the major focal point
of views in this area. Therefore, Staff believes that the revised 10-foot-tall
project and related construction will not adversely affect views from
neighboring properties any more significantly than would a 16-foot-tall
structure that could be permitted "by right."

Building
Height Measurement

At
the October 23, 2001 meeting, the Planning Commission asked for additional
information and graphics to depict the height of the house and to justify
why a height variation is not required. Sheets A4.1 and A5.1 of the
revised plans depict the various ways that building height could be
measured, both with and without the road realignment. These alternatives
are summarized in the table below.

* This is the way
that building height is measured for a downslope lot according to the
Development Code.
** This measurement is provided for comparison purposes
only.
*** The 15-foot rear-yard setback line was chosen as
a "worst case" scenario for development of an upslope lot.
**** This measurement is provided for comparison purposes
only. In order to accommodate the proposed house at the current proposed
location, the road would actually need to be realigned toward the bluff.

With
or without the road realignment, measured from either existing or finished
grade, the revised project does not exceed the 16-foot height limit
for either and upslope of a downslope lot. Pursuant to Section 17.02.040(B)(1)
of the Development Code, a height variation is only required for residences
that exceed the 16-foot height limit. Therefore, it is Staff’s position
that a height variation is not required for this project.

Development
Intensity and Neighborhood Compatibility

At
the October 23, 2001 meeting, the Planning Commission asked Staff to
expand the comparison of the development intensity and neighborhood
compatibility of the project to include only the truly useable flat
upper portion of the 18.88-acre project site. As noted in the October
9, 2001 Staff report, 3.88 acres of the upper portion of the lot is
potentially buildable, given that it is located outside of the landslide
moratorium area and inland from the coastal structure setback line.
The actual development area for the house, however, is limited to approximately
two acres (exclusive of any required setbacks) located between the realigned
roadway of Yacht Harbor Drive and the coastal structure setback line.
In order to draw a more meaningful comparison to the surrounding neighborhoods,
the 2-acre building site area has also been included in the neighborhood
compatibility analysis in the following table.

Address

Lot Size

Lot Type

Stories

Structure Size

Structure/Lot
Ratio

2 Yacht
Harbor

822,430

(gross)

Downslope

2

8,490

(living)

0.01

15,425

(total)

0.02

169,085

(buildable)

8,490

(living)

0.05

15,425

(total)

0.09

87,120

(building
site)

8,490

(living)

0.10

15,425

(total)

0.18

98 Yacht
Harbor

7,871

Downslope

1

1,004

0.13

130 Spindrift

7,050

Downslope

1

1,314

0.19

4187 Maritime

9,060

Pad

1

2,240

0.25

4194 Maritime

9,147

Pad

1

1,936

0.21

4156 PVDS

5,052

Pad

1

1,384

0.27

4225 PVDS

10,431

Pad

1

1,671

0.16

4235 PVDS

10,083

Pad

1

1,797

0.18

4245 PVDS

9,970

Pad

1

1,837

0.18

4255 PVDS

10,640

Pad

1

1,652

0.16

4265 PVDS

11,155

Pad

1

1,865

0.17

Average

9,046

1,670

0.18

The overall size of the revised residence is clearly much larger than
the ten nearest homes in the Portuguese Bend Club and Seaview
communities, as depicted in the table above. However, considering the
significantly larger lot size—even exclusive of the non-buildable areas
of the site—the scale of the proposed house in proportion to its lot
is about the same as in the surrounding neighborhoods. Much of the revised
project is partially subterranean, and the portions above ground are
broken into smaller units. The guest house and studio units are about
the same size as some of the typical homes in the surrounding neighborhoods.
The larger main house is set back into the slope of the lot so that
the two-story facade is presented to the bluff and not to the homes
behind and across Palos Verdes Drive South. In addition, the revised
house is still set well apart from the nearest homes so that the mass
of the structure is not seen in direct context with these other homes.
Therefore, Staff believes that the revised project is compatible with
the scale and character of the surrounding neighborhoods.

ADDITIONAL
INFORMATION

At
the October 23, 2001 meeting, Staff presented a comparison of the proposed
project with the former Transamerica project. The table below has been
revised to reflect the revised project proposal.

Revised Altamira
project

(Eric Johnson)

VTTM 49067, et
al.

(Transamerica)

Total Site Area

18.88 acres

18.33 acres

Grading Quantities

Cut

26,874 CY

39,000 CY

Fill

18,986 CY

18,000 CY

Total

45,860 CY

57,000 CY

Net

<7,888 CY>

<21,000 CY>

No. of DU’s

1

10

Total Area of DU’s

15,425 SF

58,000 SF

Maximum Ridgelines

228’

227’ to 231’

Min. Distance from
PVDS

60’

50’

No. of New Lots

0

13

Road Realignment
Req’d?

Yes

No

CONCLUSION

Staff
has reviewed the revised project for consistency with the required findings
for approval of a coastal permit and grading permit. Staff believes
that all of the required findings can still be made for the proposed
project, for the reasons discussed in this and the previous Staff reports.
Therefore, Staff recommends that the Planning Commission adopt P.C.
Resolution No. 2001-__, conditionally approving Coastal Permit No. 170/172
and Grading Permit No. 2260/2281.

ALTERNATIVES

In
addition to the Staff recommendation, the following alternatives are
available for the Planning Commission's consideration:

Approve the revised
project with modifications, and direct Staff to prepare and return
with appropriate P.C. Resolutions on a future date certain.

Deny the revised
project, and direct Staff to prepare and return with appropriate P.C.
Resolutions on a future date certain.

Identify any
issues of concern with the proposed project, provide Staff and/or
the applicant with direction in modifying the project and/or conditions
of approval, and continue the public hearing to a date certain.

The
decision deadline for this application has been extended by the mutual
consent of the applicant and the City. The final decision deadline is
now January 24, 2002.

A
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES APPROVING THE REQUEST FOR COASTAL PERMIT NO. 170/172 AND GRADING
PERMIT NO. 2260/2281 FOR A NEW, 10-FOOT-TALL, SINGLE-FAMILY RESIDENCE,
DETACHED GARAGE, STUDIO, DETACHED GUEST HOUSE AND SWIMMING POOL, TOTALING
15,425 SQUARE FEET OF HABITABLE AND NON-HABITABLE ENCLOSED AREA, AND
THE REALIGNMENT OF A PORTION OF YACHT HARBOR DRIVE ON AN 18.88-ACRE
SITE IN THE PORTUGUESE BEND CLUB COMMUNITY, LOCATED AT 2 YACHT
HARBOR DRIVE

WHEREAS,
on January 19, 2001, the applicant, Eric Johnson, submitted applications
for Coastal Permit No. 170 and Grading Permit No. 2260 to allow the
construction of a new, single-family residential compound on an 18.88-acre
bluff-top lot in the Portuguese Bend Club community; and,

WHEREAS,
on May 3, 2001, the applicant also submitted applications for Coastal
Permit No. 172 and Grading Permit No. 2281 to allow the realignment
of a portion of Yacht Harbor Drive across the subject property; and,

WHEREAS,
pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's
CEQA Guidelines, California Code of Regulations, Title 14, Section 15000
et. seq., the City's Local CEQA Guidelines, and Government Code
Section 65962.5(f) (Hazardous Waste and Substances Statement), Staff
found no evidence that Coastal Permit No. 170/172 and Grading Permit
No. 2260/2281 would have a significant effect on the environment
and, therefore, the proposed project has been found to be categorically
exempt (Class 3, Section 15303(a)); and,

WHEREAS,
after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly-noticed
public hearing on October 9, 2001, October 23, 2001 and November 27,
2001, at which time all interested parties were given an opportunity
to be heard and present evidence.

NOW,
THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE
AS FOLLOWS:

Section
1: The Planning Commission makes the following findings of fact
with respect to the applications for Coastal Permit No. 170/172 and
Grading Permit No. 2260/2281 for the proposed single-family residence
and accessory structures:

A.
The proposed development is consistent with the Coastal Specific Plan
because the development of a single-family residence and accessory
structures is consistent with the Coastal Specific Plan land use designation
for the portion of the subject property proposed for development,
which is Residential 4-6 DU/acre. The 3.88-acre "buildable"
area of the site is located landward of the coastal setback line and
outside of the landslide moratorium area. While the discussion of
socio-cultural resources in Subregion 6 of the Coastal Specific Plan
notes the possibility of archaeological resources extant on the site,
previous surveys have revealed no sensitive resources. The subject
property is not located with a specific visual corridor identified
in the Coastal Specific Plan. The proposed residence would encroach
into the 2-degree down-arc zone discussed in the Coastal Specific
Plan, but in this case the proposed structure complies with the 16-foot
height limit. Views for motorists, bicyclists or pedestrians on Palos
Verdes Drive South will not be significantly impaired by the proposed
project. Therefore, the Planning Commission finds that the proposed
project is consistent with the applicable provisions of the Coastal
Specific Plan.

B.
The proposed development, when located between the sea and the first
public road, is consistent with applicable public access and recreation
policies of the Coastal Act. Section 30211 of the Coastal Act states
that "[development] shall not interfere with the public’s right
of access to the sea where acquired through use or legislative authorization."
The Portuguese Bend Club is a private community that provides
coastal access to its residents, members and their guests, but since
no general public access currently exists, the proposed project will
have no impact upon the public’s existing right of access. Although
the proposed project meets the definition of "new development"
as specified in 30212(b) of the Coastal Act, the Planning Commission
finds that the project should not be required to provide public access
from Palos Verdes Drive South to the shoreline because there exists
adequate public access nearby at the Ocean Trails project to
the east and the City’s Abalone Cove Beach Park to the west. The Portuguese
Bend Club also provides recreational amenities such as a sandy
beach, picnic areas and game courts for its residents, members and
guests. The proposed project will have no impact upon these existing
recreational facilities. Therefore, the Planning Commission finds
that the proposed project is consistent with the applicable public
access and recreation policies of the Coastal Act.

C.
The grading does not exceed that which is necessary for the permitted
primary use of the lot, as defined in Section 17.96.2210 of the Development
Code. The proposed project encompasses 20,700 cubic yards of remedial
grading and 25,160 cubic yards of non-remedial grading. Of the non-remedial
grading, most is within the building footprint. Although these are
significant quantities of earth movement, the size of the proposed
house is quite large while the quantity of material to be exported
from the site is relatively small (7,888 cubic yards). All of the
proposed grading will occur within the 3.88-acre "buildable"
area of the site that is located landward of the coastal setback line
and outside of the landslide moratorium area.

D.
The grading and/or related construction does not significantly adversely
affect the visual relationships with, nor the views from, neighboring
properties. The proposed residence is consistent with the 16-foot
height limit for downslope lots. The highest portions of the roof
of the structure will not exceed an elevation of 228.0’—six feet (6’)
below the maximum allowable elevation—and many portions of the house
will be much lower. The proposed 228.0’ maximum ridgeline is approximately
one to three feet above the curb of eastbound Palos Verdes Drive South,
and is located two to three hundred feet away, while the pad elevations
of all of the homes across Palos Verdes Drive South in the Seaview
community are higher than the 228.0’ elevation. The proposed grading
of the site allows the house to be set back into the slope rather
than projecting above it, and the varied roof planes of the house
provide for views over the structure.

E.
The nature of the grading minimizes disturbance to the natural contours,
and finished contours are reasonably natural because the site is generally
flat, with an average slope of less than ten percent (10%), and will
retain this generally flat profile upon completion of the proposed
grading.

F.
The grading takes into account the preservation of natural topographic
features and appearances by means of land sculpting so as to blend
any man-made or manufactured slope into the natural topography. The
raised plateau on the west end of the site along Palos Verdes Drive
South is the most prominent topographic feature of the site, but most
of this plateau is located within the landslide moratorium area and
will not be altered.

G.
For new single-family residences, the grading and/or related construction
is compatible with the immediate neighborhood character, as defined
in Section 17.02.040(A)(6) of the Development Code. The components
of neighborhood character include front-yard setbacks, architectural
styles and materials, and the scale of surrounding residences. The
proposed residence significantly exceeds the minimum 20-foot front
setback from the realigned Yacht Harbor Drive. By comparison, most
homes in the Portuguese Bend Club do not meet the 20-foot front-yard
setback due to their very small lot sizes, while most homes in Seaview
comply with the required 20-foot setback. With respect to architectural
style and materials, the proposed project incorporates a very contemporary
design, with extensive use of glass, concrete, Palos Verdes stone
veneer and metal roofing. Many of the recently-remodeled homes in
the Portuguese Bend Club community have incorporated contemporary
design features that depart from the beach cottage architecture that
predominated when these homes were first built. In addition, the proposed
residence is set significantly apart from these surrounding homes
by virtue of the large site and is not seen "in context"
with the other Portuguese Bend Club homes. With respect to
the Seaview community, which has largely retained the characteristic
features of late-50’s ranch-style tract homes, the proposed house
is located at least 250 feet away from the nearest homes on Palos
Verdes Drive South, which in this area is a 130-foot-wide divided
roadway and frontage street with two landscaped medians. As such,
the architecture of the proposed house is not seen in direct context
with that of the Seaview homes. Finally, the overall size of
the proposed residence is clearly much larger than the ten nearest
homes in the Portuguese Bend Club and Seaview communities.
However, considering the significantly larger lot size—even exclusive
of the non-buildable areas of the site—the scale of the proposed house
in proportion to its lot is about the same as in the surrounding neighborhoods.
A significant portion of the proposed house is subterranean, and the
portions above ground are broken into smaller units that are more
comparable in size to surrounding residences, particularly the guest
house and studio. The larger main house is set back into the slope
of the lot so that the two-story facade is presented to the bluff
and not to the homes behind and across Palos Verdes Drive South. In
addition, the proposed house is set well apart from the nearest homes
so that the mass of the structure is not seen in direct context with
these other homes.

H.
The required finding that in new residential tracts, the grading includes
provisions for the preservation and introduction of plant materials
so as to protect slopes from soil erosion and slippage, and minimize
visual effects of grading and construction on hillside areas, is not
applicable to the proposed project.

I.
The required finding that the grading utilizes street designs and
improvements which serve to minimize grading alternatives and harmonize
with the natural contours and character of the hillside is not applicable
to the proposed project.

J.
The required finding that the grading would not cause excessive and
unnecessary disturbance of natural landscape or wildlife habitat through
removal of vegetation is not applicable to the proposed project.

K.
The grading conforms with the minimum standards for finished slope,
depth of cut and/or fill, retaining wall location and height, and
driveway slope established under Section 17.76.040(E)(9) of the Development
Code.

Section
2: The Planning Commission makes the following findings of fact
with respect to the applications for Coastal Permit No. 170/172 and
Grading Permit No. 2260/2281 for the proposed realignment of a
portion of Yacht Harbor Drive:

A.
The proposed development is consistent with the Coastal Specific Plan
because the development of a private street right-of-way is consistent
with the Coastal Specific Plan land use designation for the portion
of the subject property proposed for development, which is Residential
4-6 DU/acre. The realignment of Yacht Harbor Drive will also include
the realignment of related infrastructure easements and improvements
to existing drainage facilities that traverse the site. This is consistent
with Coastal Specific Plan Policy No. 4 for Subregion 6, which calls
upon the City to "[ensure] that flood control improvements within
Subregion 6 are carried out in a manner that is consistent with applicable
General Plan and Coastal Specific Plan policies regarding preservation
of natural habitat, visual character and flood control." While
the discussion of socio-cultural resources in Subregion 6 of the Coastal
Specific Plan notes the possibility of archaeological resources extant
on the site, previous surveys have revealed no sensitive resources.
Therefore, the Planning Commission finds that the proposed project
is consistent with the applicable provisions of the Coastal Specific
Plan.

B.
The proposed development, when located between the sea and the first
public road, is consistent with applicable public access and recreation
policies of the Coastal Act. Section 30211 of the Coastal Act states
that "[development] shall not interfere with the public’s right
of access to the sea where acquired through use or legislative authorization."
The Portuguese Bend Club is a private community that provides
coastal access to its residents, members and their guests, but since
no general public access currently exists, the proposed project will
have no impact upon the public’s existing right of access. Although
the proposed project meets the definition of "new development"
as specified in 30212(b) of the Coastal Act, the Planning Commission
finds that the project should not be required to provide public access
from Palos Verdes Drive South to the shoreline because there exists
adequate public access nearby at the Ocean Trails project to
the east and the City’s Abalone Cove Beach Park to the west. The Portuguese
Bend Club also provides recreational amenities such as a sandy
beach, picnic areas and game courts for its residents, members and
guests. The proposed project will have no impact upon these existing
recreational facilities. Therefore, the Planning Commission finds
that the proposed project is consistent with the applicable public
access and recreation policies of the Coastal Act.

C.
The grading does not exceed that which is necessary for the permitted
primary use of the lot, as defined in Section 17.96.2210 of the Development
Code. The proposed road realignment encompasses 9,600 cubic yards
of grading. All of the proposed grading will occur within the 3.88-acre
"buildable" area of the site that is located landward of
the coastal setback line and outside of the landslide moratorium area.

D.
The grading and/or related construction does not significantly adversely
affect the visual relationships with, nor the views from, neighboring
properties. The realignment of Yacht Harbor Drive establishes an elevation
of 218.0’ above mean sea level (MSL) as the benchmark for the height
of the proposed downslope residence. However, it is important to note
that if Yacht Harbor Drive were not realigned, the property
would be an upslope lot from the existing street right-of-way. The
16-foot height limit would still be measured from the high (i.e.,
inland) side of the lot and structure, so the difference in the maximum
allowable ridgeline elevation would be minimal, and it could be even
higher than currently proposed with the road realignment.

E.
The nature of the grading minimizes disturbance to the natural contours,
and finished contours are reasonably natural because the site is generally
flat, with an average slope of less than ten percent (10%), and will
retain this generally flat profile upon completion of the proposed
grading.

F.
The grading takes into account the preservation of natural topographic
features and appearances by means of land sculpting so as to blend
any man-made or manufactured slope into the natural topography. The
raised plateau on the west end of the site along Palos Verdes Drive
South is the most prominent topographic feature of the site, but most
of this plateau is located within the landslide moratorium area and
will not be altered.

G.
The required finding that, for new single-family residences, the grading
and/or related construction is compatible with the immediate neighborhood
character, as defined in Section 17.02.040(A)(6) of the Development
Code, is not applicable to the realignment of Yacht Harbor Drive.

H.
The required finding that in new residential tracts, the grading includes
provisions for the preservation and introduction of plant materials
so as to protect slopes from soil erosion and slippage, and minimize
visual effects of grading and construction on hillside areas, is not
applicable to the proposed project.

I.
The grading utilizes street designs and improvements which serve to
minimize grading alternatives and harmonize with the natural contours
and character of the hillside. The proposed project involves the realignment
of Yacht Harbor Drive, but the site is not located in a hillside area.
Nonetheless, the grading for the private street comprises a fairly
small portion of the overall grading proposed. The realigned street
will be approximately ten feet (10’) lower than Palos Verdes Drive
West for the portions where the two streets run parallel to one another.

J.
The required finding that the grading would not cause excessive and
unnecessary disturbance of natural landscape or wildlife habitat through
removal of vegetation is not applicable to the proposed project.

K.
The grading conforms with the minimum standards for finished slope,
depth of cut and/or fill, retaining wall location and height, and
driveway slope established under Section 17.76.040(E)(9) of the Development
Code.

Section
3: Any interested person aggrieved by this decision or by any
portion of this decision may appeal to the City Council. Pursuant to
Sections 17.72.100 and 17.76.040(H) of the Rancho Palos Verdes Municipal
Code, any such appeal must be filed with the City, in writing, and with
the appropriate appeal fee, no later than fifteen (15) days following
November 27, 2001, the date of the Planning Commission’s final action.

Section
4: For the foregoing reasons and based on the information and
findings included in the Staff Report, Minutes and other records of
proceedings, the Planning Commission of the City of Rancho Palos Verdes
hereby approves Coastal Permit No. 170/172 and Grading Permit No. 2260/2281
for a new, 10-foot-tall, single-family residence, detached garage, studio,
detached guest house and swimming pool, totaling 15,425 square feet
of habitable and non-habitable enclosed area, and the realignment of
a portion of Yacht Harbor Drive on an 18.88-acre site in the Portuguese
Bend Club community, located at 2 Yacht Harbor Drive, subject to
the conditions contained in Exhibit 'A', attached hereto and made a
part hereof, which are necessary to protect the public health, safety
and welfare in the area.

PASSED,
APPROVED and ADOPTED this 27th day of November 2001, by the following
vote:

Prior to the
submittal of plans into Building and Safety plan check, the applicant
and the property owner shall submit to the City a statement, in writing,
that they have read, understand, and agree to all conditions of approval
contained in this Resolution. Failure to provide said written statement
within ninety (90) days following date of this approval shall render
this approval null and void.

This approval
is for the construction of a new 10-foot-tall, single-family residence,
detached garage, studio, detached guest house and swimming pool, totaling
15,425 square feet of habitable and non-habitable enclosed area, on
an 18.88-acre site in the Portuguese Bend Club community, located
at 2 Yacht Harbor Drive. The approval also includes for
the realignment of a portion of the existing private right-of-way
of Yacht Harbor Drive across an 18.88-acre site in the Portuguese
Bend Club community, located at 2 Yacht Harbor Drive. The maximum
ridgeline elevation of the house shall be 228.0’ above mean sea level.
The total grading quantities permitted in conjunction with the proposed
residence and accessory structures is 20,700 cubic yards of remedial
grading (over-excavation and re-compaction) and 25,160 cubic yards
of non-remedial grading. The total grading quantity permitted in conjunction
with the road realignment is 9,600 cubic yards. The Director of Planning,
Building and Code Enforcement is authorized to make minor modifications
to the approved plans and any of the conditions of approval if such
modifications will achieve substantially the same results as would
strict compliance with the approved plans and conditions. Otherwise,
any substantive change to the project shall require approval of a
revision to Coastal Permit No. 170/172 and/or Grading Permit No. 2260/2281
by the Planning Commission and shall require new and separate environmental
review.

All project development
on the site shall conform to the specific standards contained in these
conditions of approval or, if not addressed herein, in the RS-5 district
development standards of the City's Municipal Code.

Failure to comply
with and adhere to all of these conditions of approval may be cause
to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.

If the project
has not been established (i.e., building permits obtained) within
one year of the final effective date of this Resolution, or if construction
has not commenced within one hundred eighty (180) days of the issuance
of building permits, approval of the project shall expire and be of
no further effect unless, prior to expiration, a written request for
extension is filed with the Department of Planning, Building and Code
Enforcement and approved by the Director. Otherwise, a coastal permit
and grading permit revision must be approved prior to further development.

In the event
that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the
stricter standard shall apply.

Unless otherwise
designated in these conditions, all construction shall be completed
in substantial conformance with the plans stamped approved by the
City with the effective date of this Resolution.

During rough
grading, the applicant shall have an archeologist on site to monitor
the grading activity. Any archeological resources unearthed shall
be catalogued, removed and/or protected in place as appropriate. The
applicant shall provide a report from the archeologist, which summarizes
any findings at the completion of rough grading.

The City’s Geotechnical
Engineer and Building Official shall review and approve the geotechnical
report prepared for the project prior to issuance of project grading
or building permits.

The project applicant
will implement all of the recommendations in the project geotechnical
report.

Subject to review
and approval of the Director of Public Works and the Director of Planning,
Building and Code Enforcement, the project developer shall submit
a drainage plan prior to the issuance of grading permits which shows
the on-site and off-site stormwater conveyance systems that will be
constructed by the project proponent for the purpose of safely conveying
stormwater off the project site. These drainage structures shall be
designed in accordance with the most current standards and criteria
of the City Engineer and Los Angeles County Department of Public Works
(LACDPW) to ensure that adequate drainage capacity is maintained.

In accordance
with the Clean Water Act, the project proponent shall coordinate with
the Regional Water Quality Control Board (RWQCB) regarding the requirements
of the Clean Water Act and the project proponent will obtain a National
Pollutant Discharge Elimination System (NPDES) permit, if such a permit
is required by the RWQCB.

Prior to the
issuance of grading permits, the applicant shall demonstrate to the
Director of Planning, Building and Code Enforcement that dust generated
by grading activities shall comply with the South Coast Air Quality
Management District Rule 403 and the City Municipal Code requirements,
which require watering for the control of dust.

During construction,
all grading activities shall cease during periods of high winds (i.e.,
greater than 30 MPH). To assure compliance with this measure, grading
activities are subject to periodic inspections by City staff.

Construction
equipment shall be kept in proper operating condition. All project
construction equipment shall be properly maintained to assure that
no additional noise, due to worn or improperly maintained parts is
generated.

The project developer
shall prepare a haul route plan for trucks hauling spoils from the
project site to where this material will be disposed. The plan shall
be approved by the Director of Public Works before the City issues
the project a grading permit.

Haul routes used
to transport soil exported from the project site shall be approved
by the City’s Director of Public Works to minimize exposure of sensitive
receptors to potential adverse noise levels from hauling operations.

The construction
site shall be kept free of all loose materials resembling trash and
debris in excess of that material used for immediate construction
purposes. Such excess material may include, but not be limited to:
the accumulation of debris, garbage, lumber, scrap metal, concrete
asphalt, piles of earth, salvage materials, abandoned or discarded
furniture, appliances or other household fixtures.

Permitted hours
and days for construction activity are 7:00 AM to 7:00 PM, Monday
through Saturday, with no construction activity permitted on Sundays
or on the legal holidays specified in Section 17.96.920 of the Rancho
Palos Verdes Development Code.

House
and Accessory Structures:

Prior to building
permit final, the applicant shall remove existing foliage along the
northerly property line abutting Palos Verdes Drive South and replace
the existing chain-link fence in this location with a wrought-iron,
tubular steel or similar fence, subject to the review and approval
of the Director of Planning, Building and Code Enforcement. The maximum
fence height shall be six feet (6’0") above existing grade. If
solid pilasters are proposed, the footprint of the pilasters shall
not exceed two feet (2’0") square. The fence and any pilasters
shall be designed to maintain at least 80-percent openness for the
passage of light and air. Hedges or solid walls will not be permitted.

Prior to building
permit final, the applicant shall submit a site landscape plan for
the review and approval of the Director of Planning, Building and
Code Enforcement. The landscape plan shall incorporate drought-tolerant
plant species and low water use irrigation systems. No irrigation
lines are permitted seaward of the coastal setback line. All trees
and shrubs shall be of varieties that can be maintained so as not
to exceed a height of 16 feet or the highest point of the proposed
residence, whichever is lower. The approved site landscaping shall
be installed within ninety (90) days of building permit final.

Notwithstanding
the plans and applications:

Only minor
architectural features and structures, minor equipment and grading
are permitted within the 25-foot-wide coastal structure setback
zone; and,

Only grading
involving less than 20 cubic yards of material and less than 3 feet
for cut and/or fill is permitted in the coastal setback zone (i.e.,
seaward of the coastal setback line).

The detached,
partially-subterranean garage shall be modified so as to comply
with the 20-foot front-yard setback from Yacht Harbor Drive.

The maximum height
of the main house and attached studio shall not exceed an elevation
of 228.0’ above mean sea level, except the chimney which may extend
to a height of 230.0’. Ridge height certification required.

The maximum height
of any walls, fences or berms located between the private street right-of-way
of Yacht Harbor Drive and the nearest portion of the structure shall
be 42 inches, as measured from the street side of the wall, fence
or berm.

The pool and
spa area shall be enclosed with a fence, consistent with the standards
of Section 17.76.030(E)(3) of the Rancho Palos Verdes Development
Code.

The permitted
grading quantities for the house and accessory structures shall be
as follows:

Area

Cut

Fill

Total
Earth Movement

Net
Earth Movement

House

11,724
CY

3,836
CY

15,560
CY

<7,888
CY>

Remedial

10,350
CY

10,350
CY

20,700
CY

0
CY

Total

22,074
CY

14,186
CY

36,260
CY

<7,888
CY>

The
maximum depth of cut shall be 25 feet and the maximum depth of fill
shall be 9 feet. Rough and final grade certification required.

Maximum driveway
slopes shall not exceed 20 percent.

The applicant
shall furnish the City with copies of landfill receipts for the approved
export of 7,888 cubic yards of material prior to Building Permit final.

Exterior residential
lighting shall be in compliance with the standards of Section 17.56.030
of the Rancho Palos Verdes Development Code, and shall not exceed
2,000 W incandescent (or equivalent). No single lighting fixture may
exceed 150 W incandescent (or equivalent).

Prior to the
commencement of construction of any residential structure(s), the
realignment of Yacht Harbor Drive shall be completed and the roadway
opened to traffic.

Realignment
of Yacht Harbor Drive

The permitted
grading quantities for the realignment of Yacht Harbor Drive shall
be as follows:

Area

Cut

Fill

Total
Earth Movement

Net
Earth Movement

Road

4,800
CY

4,800
CY

9,600
CY

0
CY

The
maximum depth of cut shall be 12 feet and the maximum depth of fill
shall be 7 feet. Rough and final grade certification required.

The maximum new
slope adjacent to the roadway shall be 67 percent (maximum 50 percent
proposed).

Prior to the
issuance of a grading permit, the applicant shall submit the street
and storm drain improvement plans to the Director of Public Works
for review and approval.

The applicant
shall be responsible for obtaining the appropriate approvals for the
relocation of other utility infrastructure and/or easements in conjunction
with the road realignment, including but not limited to: electric,
gas, sewer, water, telephone and cable television. The applicant shall
provide evidence of authorization from the affected utility providers
to the Director of Planning, Building and Code Enforcement and the
Director of Public Works prior to grading permit issuance.

The applicant
shall coordinate traffic control with the homeowners’ associations
in the upper and lower Portuguese Bend Club communities so
as to minimize inconvenience to residents during the grading for the
new road alignment.

Requested
Action:Clarify the intent of Condition No. 19 adopted by the Planning
Commission at its October 9th meeting under P.C. Resolution
No. 2001-36.

Recommendation:Staff
recommends that the Planning Commission affirm that Condition No.
19 approved under P.C. Resolution No. 2001-36 for Grading Permit No. 2191
requires the applicant to redesign the proposed flat roof over the
proposed living room rotunda and entry foyer to a pitched roof.

TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION

FROM:
DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE:
NOVEMBER 27, 2001

SUBJECT:
GRADING PERMIT NO. 2191

Staff
Coordinator: Ara Michael Mihranian, AICP, Senior Planner

RECOMMENDATION:

Staff
recommends that the Planning Commission affirm that Condition No. 19
of P.C. Resolution No. 2001-36 for Grading Permit No. 2191 requires
the applicant to re-design the proposed flat roof over the living room
rotunda and entry foyer to a pitched roof.

PROJECT
BACKGROUND

At
their October 9, 2001 meeting, the Planning Commission considered Grading
Permit No. 2191 to allow the construction of a new 7,691 square foot,
split level, single-family residence with 1,643 cubic yards of associated
grading on property located at 3815 Palos Verdes Drive South. During
the public hearing, the Commission heard public testimony from four
(4) speakers, including the project architect. According to the project
architect’s testimony, a concern was expressed regarding a condition
recommended by Staff that would require the flat roof proposed for the
entry foyer and living room to be redesigned to a pitched roof. The
architect disagreed with Staff’s recommendation and requested that the
Commission delete the condition so that the flat roof proposed for the
entry foyer and living room remain as designed. As noted in the attached
minutes, the Commission approved the project with no explicit direction
to Staff to delete the proposed condition of approval.

Following
the October 9th meeting, Staff was contacted by the project
architect requesting clarification on the Commission’s action with respect
to the condition on redesigning the flat roof to one with a pitched
roof. According to the project architect, he was uncertain whether the
Commission considered his request to delete the condition. Staff informed
the applicant that it was Staff’s understanding that the condition of
approval was included in the Commission’s approval of the project since
there was no specific direction from the Commission to delete the condition.
On November 7, 2001, Staff met with the property owner and his architect
to discuss the applicant’s options. Staff informed the applicant that
he had the option to attempt a re-design of the roof to meet the condition
or seek an interpretation of the Commission’s action pursuant to the
"Interpretation Procedure" contained in the City’s Development
Code (attached). On November 13, 2001, the applicant submitted an interpretation
request along with the appropriate filing fee for review by the Commission.

DISCUSSION

Condition
No. 19 (see attachment) of P.C. Resolution No. 2001-36 for Grading Permit
No. 2191 that states "the roof above the living room rotunda
and the entry feature shall be redesigned with a pitched roof to the
satisfaction of the Director of Planning, Building and Code Enforcement."
According to the October 9th Staff Report presented to the
Commission, Staff had a concern with the visible appearance of the proposed
residence from Palos Verdes Drive South with respect to the proposed
flat roof over the entry foyer and the living room rotunda. As indicated
in the Staff Report, although the majority of the proposed residence
is designed with a flat roof, Staff did not have a concern with the
visible appearance of a flat roof from the rear and side elevations,
but did have a concern with its appearance from the front elevation,
which has a prevalent presence from Palos Verdes Drive South. Staff
believes that a flat roof over the living room rotunda and entry foyer
disrupts the structure’s cohesive appearance and deters from Staff’s
desire to soften the overall appearance of the structure. Therefore,
Staff recommended that the Commission impose a condition that would
require the applicant redesign the flat roof to one with a pitched roof
over the living room rotunda and entry foyer to enhance the visual appearance
of the structure as well as minimize the structure’s linear appearance.

As
previously noted, during the public hearing, the project architect expressed
his client’s disagreement with Staff’s recommendation to redesign the
flat roof to one with a pitched roof. Furthermore, the architect requested
that the Commission not consider Staff’s recommendation in its motion
thereby deleting the condition from the draft Conditions of Approval.
The project architect indicated that the purpose of the flat roof was
to provide a high ceiling in the living room to enhance ocean views.
Although the Commission briefly spoke on this matter, the Commission
approved the project with no specific direction to delete the contested
condition of approval.

In
accordance with the interpretation procedure, "in cases of uncertainty
or ambiguity as to the meaning or intent of any decision" the Commission
shall conduct an interpretation review of the decision in question.
The procedure calls for the Commission to review the Director’s interpretation
of the decision and either concur with the Director or determine that
the subject interpretation may result in a substantive revision to the
approved project and require a formal review hearing.

It
is the Director’s interpretation that Condition No. 19 for Grading Permit
No. 2191 that states "the roof above the living room rotunda
and the entry feature shall be redesigned with a pitched roof to the
satisfaction of the Director of Planning, Building and Code Enforcement."
was included in the Planning Commission’s approval of the project on
October 9, 2001. This is because the draft condition of approval was
presented to the Planning Commission on October 9th with
a recommendation that it be included as a required condition of approval
and despite a request from the project applicant, there was no specific
direction from the Commission to delete the condition.

In
the event that the Commission determines that the condition was erroneously
adopted as part of the project’s approval, Staff recommends that the
removal of the condition be considered a substantive revision, thus
requiring the revised conditions of approval to be brought back for
further discussion at a duly noticed public hearing. However, if the
Commission finds that the condition was intended to require the redesign
of the flat roof to a pitched roof as recommended by Staff, then such
determination may be approved by minute order this evening and the project
conditions will remain in full force and effect.

It
should be noted that no appeal was filed within the fifteen (15) day
appeal period following the Commission’s October 9th action.
If the Commission affirms the Director’s interpretation, the applicant
may not appeal this decision to the City Council. Furthermore, the applicant
must redesign the flat roof to a pitched roof that is deemed satisfactory
to the Director of Planning, Building and Code Enforcement. In the event
that the redesigned roof feature does not meet the Director’s satisfaction,
the applicant may appeal the Director’s decision to the Planning Commission.

ADDITIONAL
INFORMATION

As
previously noted, if the Commission determines that Condition No. 19
should be reconsidered, Staff will agendize this item for a future meeting.
Since the amendment involves a modification to a condition adopted at
a public hearing, in order to reconsider the condition the Commission
must conduct a public hearing noticed similarly to the original hearing,
which includes publication in the Peninsula News as well as notifying
property owners within a 500 foot radius.